School Laws of Oklahoma

Chapter 1 - Oklahoma School Code
Article V: Teachers

Section 112. Teachers - Contracts. (70 O.S. § 6-101)

A. Except as provided in subsection E of this section, no person shall be permitted to teach in any school district of the state without a written contract, except as provided herein for substitute teachers and except teachers of classes in adult education. Except as provided in subsection J of this section, the board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district. One copy of the contract shall be filed with the clerk of the board of education and one copy shall be retained by the teacher.

B. Except as otherwise provided by subsection J of this section and any other law, no board of education shall have authority to enter into any written contract with a teacher who does not hold a valid certificate issued or recognized by the State Board of Education authorizing said teacher to teach the grades or subject matter for which the teacher is employed. Any board of education paying or authorizing the payment of the salary of any teacher not holding a certificate, as required herein, shall be adjudged to be guilty of a fraudulent expenditure of public funds and members voting for such payment shall be held jointly responsible for the return of the amount of any public monies thus expended, upon suit brought by the district attorney or by any interested citizen in the district where such funds have been expended.

C. It shall be the duty of the superintendent of schools under whose supervision teachers have been contracted to teach to certify to the treasurer of the contracting district the names of the teachers holding valid certificates with whom contracts have been made and the names of substitute teachers employed in accordance with law. The treasurer shall not register any warrant issued in payment of salary to any teacher whose name is not included in such list and shall be liable on the official bond for the treasurer for the amount of any warrant registered in violation of the provisions of this section.

D. Whenever any person shall enter into a contract with any school district in Oklahoma to teach in such school district 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 such 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 Oklahoma for the same time covered by the original contract. If upon written complaint by the board of education in a district 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 guilty of such charge 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.

E. A board of education shall have authority to enter into written contracts with teachers for the ensuing fiscal year prior to the beginning of such year. If, prior to the first Monday in June, a board of education has not entered into a written contract with a regularly employed teacher or notified the teacher in writing by registered or certified mail that a recommendation has been made not to reemploy the teacher for the ensuing fiscal year, and if, by fifteen (15) days after the first Monday in June, such teacher has not notified the board of education in writing by registered or certified mail that such teacher does not desire to be reemployed in such school district for the ensuing year, such teacher shall be considered as employed on a continuing contract basis and on the same salary schedule used for other teachers in the school district for the ensuing fiscal year, and such employment and continuing contract shall be binding on the teacher and on the school district.

F. Whenever a school district is engaged in contract negotiations with teachers employed by that school district after the school year has begun and the teachers are employed on a continuing contract basis, the school district shall, beginning at the first of the school year, pay the teachers any state-mandated salary increases and salary schedule increases to which each teacher is otherwise entitled.

G. No school district or any member of the board of education of a district shall be liable for the payment of compensation to a teacher or administrator under the provisions of any contract for the ensuing year, if it becomes necessary to close the school because of insufficient attendance, disorganization, annexation, consolidation, or by dispensing with the school according to law, provided, such cause is known or action is taken prior to July 1 of such ensuing year.

H. No school district or any member of a board of education shall be liable for the payment of compensation to any teacher or administrator for the unexpired term of any contract if the school building to which the teacher or administrator has been assigned is destroyed by accident, storm, fire, or otherwise and it becomes necessary to close the school because of inability to secure a suitable building or buildings for continuation of school. Teachers and administrators shall be entitled to pay for any time lost when school is closed on account of epidemics or otherwise when an order for such closing has been issued by a health officer authorized by law to issue the order.

I. A teacher may contract with more than one school district for the same school year as provided in Section 5-106A of this title.

J. A board of education shall have authority to enter into written contracts for the ensuing fiscal year prior to the beginning of the year with persons who are not certified or licensed to teach by the State Board of Education as long as the person is actively in the process of securing certification or licensure. The person shall not be allowed to teach in a classroom until the person has met or completed all of the requirements for licensure or certification as provided for in Section 6-190 of this title. If the person has not obtained valid certification or licensure by the first day of the ensuing school year, the contract shall be terminated.

A teacher’s failure to obtain the proper certification required for continuing in the position serves to transform an employment contract from a legal one to an illegal one and thus to extinguish it. Guthrie v. ISD No. 30 of Adair County, Cave Springs Public Schools, 1998 OK CIV APP 47, 958 P.2d 802 .

The Legislature used the terms “teacher” and “administrator” when it intended a provision to apply to both. Therefore, a superintendent or administrator is not subject to the continuing contract law set forth in §6-101(E) which states that it is only applicable to a “teacher.” Brandon v. Ashworth, 1998 OK 20, 955 P.2d 233.

The right of tenured teacher is continuing employment, not the right to be employed in any particular position. Maupin v. ISD No. 26, 632 P.2d 396 (Okla. 1981)

There are no statutory notification requirements applicable to a teacher who decides not to fulfill his or her contract after April 25, in view of the fact that a binding contract has been formed. July 10, 1981 (AG Op. No. 81-156)

When teacher was not notified properly before April 10 that her contract would not be renewed, her contract automatically renewed for the next academic year, and she was entitled to her expectation interest under the contract. Cave Springs Public Sch. Dist. I-30 v. Blair, 613 P.2d 1046 (Okla. 1980)

Statute requires board of education to give notice to teacher. Letter from superintendent to board of education recommending non-renewal was insufficient to act as a termination letter. As to April 10 deadline, teacher must have notice prior to April 10, not on April 10. Morrison v. Board of Ed. Weatherford Public Schools, 2002 OK CIV APP 52, 47 P.3d 888.

When tenured teacher is not reemployed due to loss of federal funding, school board is not required to employ teacher in a position which subsequently becomes available. September 2, 1980 (AG Op. No. 80-197)

Minimum salary increases mandated by law, collective bargaining agreement or unilateral act of board of education must be paid even where teaching personnel are reassigned to positions which do not justify as high a salary as they were previously receiving. August 21, 1980 (AG Op. No. 80-137)

Teacher can be paid more than minimum salary schedule but cannot be required to donate part of compensation to school activity fund or other charity. January 17, 1980 (AG Op. No. 79-338)

All contracts with teacher are annual contracts. January 18, 1980 (AG Op. No. 79-316)

Teacher can refuse to sign contract if there is a bona fide reason asserted in good faith. January 18, 1980 (AG Op. No. 79-316)

Refusal of teacher to sign contract unsupported by bona fide reason asserted in good faith constitutes voluntary refusal of employment. January 18, 1980 (AG Op. No. 79-316)

Board of Education can refuse to renew contract of teacher, whether probationary or tenured, when teaching position is to be eliminated. June 1, 1979 (AG Op. No. 79-151)

Bonus may be paid to district employees, if employment contracts so provide. December 12, 1977 (AG Op. No. 77-239)

Teacher’s continuing employment contracts and tenure do not violate Oklahoma Constitution. February 23, 1977 (AG Op. No. 77-112)

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Section 113. Annuity Contracts for Teachers or Full-time Employees. (70 O.S. § 6-101.1)

A. A part of the salary, not to exceed the limitations on deferrals provided in Section 403(b)of the Internal Revenue Code of 1986, as amended, payable to a teacher or employee by a school district may, at the election of such teacher or employee, be deferred for the investment in an annuity contract from any insurance company authorized to do business in Oklahoma or by the investment in shares of regulated investment companies to be held in a custodial account as authorized by Section 403(b)(7) of the Internal Revenue Code of 1986, as amended, or by the investment in a face amount investment annuity certificate issued by a company authorized to do business in Oklahoma by the district for the teacher or employee, provided that such teacher or employee is eligible to defer a portion of their salary under the terms of the school district's 403(b) plan; and the teacher or employee shall be entitled to have such annuity contract, custodial account or face amount investment annuity certificate continued in force in succeeding years by such school district or any other school district subsequently employing the teacher. Provided, that such amounts contributed or paid by a school district must be made to vendors approved by such school district as eligible to receive the elective deferrals. Provided further, that a school district may revoke a previously approved vendor’s eligibility to receive elective deferrals, thereby prohibiting future contributions or payments to such vendor until it regains its eligibility through subsequent approval from such school district. The amounts so contributed or paid by the school district for the annuity contract, custodial account or face amount investment annuity certificate, or to continue it in force, shall be considered as payment of salary, for the same amounts, to the teacher or employee for State Aid purposes, Teachers' Retirement System purposes, or Social Security purposes, but not for state income tax purposes. Provided that the amount received under such annuity contracts, custodial accounts or face amount investment annuity certificates shall be income subject to state income tax when actually received, unless otherwise exempt from income tax.

B. The provisions of subsection A of this section shall also apply to employees of institutions, agencies and boards comprising The Oklahoma State System of Higher Education who are eligible to defer a portion of their salary under the terms of such institution, agency or board's 403(b) plan. Such institutions, agencies and boards may purchase annuity contracts, custodial accounts or face amount investment annuity certificates from vendors approved by such institution, agency or board as eligible to receive such contributions or payments, provided that such vendor is:

1. An insurance company authorized to do business in Oklahoma;

2. A life insurance or annuity company organized and operated, without profit to any private shareholder or individual, exclusively for the purpose of aiding and strengthening educational institutions by issuing insurance and annuity contracts only to or for the benefit of such institutions and individuals engaged in the services of such institutions; or

3. A broker dealer licensed to sell shares of regulated investment companies to be held in custodial accounts as authorized by Section 403(b)(7) of the Internal Revenue Code of 1986, as amended.

Provided further, that an institution, agency or board may revoke a previously approved vendor’s eligibility to receive elective deferrals, thereby prohibiting future contributions or payments to such vendor until it regains its eligibility through subsequent approval from such institution, agency or board.

While a school district may not impose additional restrictions other than those authorized by statute, it has implied discretion within these specified limitations to choose an appropriate entity with which to contract. This choice remains with the school district, as it is a party to the contract in contrast to the teacher or full-time employee who may have enforceable rights pursuant to the contract but is not a party. September 11, 1991 (AG Inf. Op. No. 91-625)

Section 114. Re-employment of Retired Administrators. (70 O.S. § 6-101.2)

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.

Board of education is prohibited from employing an individual who is also under contract with school district as consultant, whether consultant contract is with individual or with company employing individual, including contracts to present workshops and consultant contracts for summer services which are unrelated to the education field. July 1, 1999 (AG Op. No. 99-31)

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Section 115. Definitions. (70 O.S. § 6-101.3)

1. “Administrator” means a duly certified person who devotes a majority of time to service as a superintendent, elementary superintendent, principal, supervisor, vice principal or in any other administrative or supervisory capacity in the school district;

2. “Dismissal” means the discontinuance of the teaching service of an administrator or teacher during the term of a written contract, as provided by law;

3. “Nonreemployment” means the nonrenewal of the contract of an administrator or teacher upon expiration of the contract;

4. “Career teacher” means a teacher who:

a. for teachers employed by a school district during the 2011-12 school year, has completed three (3) or more consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract, or

b. for teachers employed for the first time by a school district under a written continuing or temporary teaching contract on or after July 1, 2012:

(1) has completed three (3) consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract and has achieved a rating of “superior” as measured pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act for at least two (2) of the three (3) school years, with no rating below “effective”,

(2) has completed four (4) consecutive complete school years as a teacher in one school district under a written continuing or temporary teaching contract, has averaged a rating of at least “effective” as measured pursuant to the TLE for the four-year period, and has received a rating of at least “effective” for the last two (2) years of the four year period, or

(3) has completed four (4) or more consecutive complete school years in one school district under a written continuing or temporary teaching contract and has not met the requirements of subparagraph a or b of this paragraph, only if the principal of the school at which the teacher is employed submits a petition to the superintendent of the school district requesting that the teacher be granted career status, the superintendent agrees with the petition, and the school district board of education approves the petition. The principal shall specify in the petition the underlying facts supporting the granting of career status to the teacher;

5. “Teacher hearing” means the hearing before a school district board of education after a recommendation for dismissal or nonreemployment of a teacher has been made but before any final action is taken on the recommendation, held for the purpose of affording the teacher all rights guaranteed by the United States Constitution and the Constitution of Oklahoma under circumstances and for enabling the board to determine whether to approve or disapprove the recommendation;

6. “Probationary teacher” means a teacher who:

a. for teachers employed by a school district during the 2011-12 school year, has completed fewer than three (3) consecutive complete school years as a teacher in one school district under a written teaching contract, or

b. for teachers employed for the first time by a school district under a written teaching contract on or after July 1, 2012, has not met the requirements for career teacher as provided in paragraph 4 of this section;

7. “Suspension” or “suspended” means the temporary discontinuance of the services of an administrator or teacher, as provided by law; and

8. “Teacher” means a duly certified or licensed person who is employed to serve as a counselor, librarian or school nurse or in any instructional capacity; an administrator shall be considered a teacher only with regard to service in an instructional, nonadministrative capacity.

Note: Amended by HB 1380, Sec. 2 of the 2011 Reg. Sess. Effective 07/01/2012.

A teacher who signs a temporary teacher contract prior to the end of her third consecutive year of teaching is not a “career teacher” at the time of the signing and has no rights to tenure at that time. To receive tenure, a teacher must have completed a third successful year of teaching. Scheer v. ISD No. I-26, Afton Public Schools, 1997 OK 115, 948 P.2d 275.

Teacher receiving notice before April 10 of 3rd year of teaching that he will not be offered contract for succeeding year had not “completed” 3 years of teaching when notified of nonrenewal. Scott v. Okla. State Board of Education, 618 P.2d 410 (Okla. App. 1980)

Teaching of half-days during school term does not prevent counting term on tenure. ISD No. 10 v. Lollar, 547 P.2d 1324 (Okla. App. 1976)

Payment of most of teacher’s salary from Federal Funds does not prevent teacher from acquiring tenure. ISD No. 10 v. Lollar, 547 P.2d 1324 (Okla. App. 1976)

Term “Consecutive, complete school years” refers to successive years for the designated number of days that school will be in session beginning with the day instruction is offered. January 16, 1984 (AG Op. No. 83-253)

A fraction of a year cannot be considered in computing length of teaching service necessary to establish tenure. November 23, 1977 (AG Op. No. 77-249)

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Section 116. Elementary Districts - Powers and Duties of Elementary Superintendents. (70 O.S. § 6-101.4)

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.

Section 117. Legislative Authority. (70 O.S. § 6-101.5)

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.

Section 117.1. Information Required in Contracts of Administrators or Teachers. (70 O.S. § 6-101.6)

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 18-114.7 of Title 70 of the Oklahoma Statutes, 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 Title 70 of the Oklahoma Statutes),

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 school year 2004-05, 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.

Section 117.2. Hearing Procedures - Limitations on Participation of Certain School Representatives. (70 O.S. § 6-101.7)

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.

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Section 118. Evaluation of Teachers and Administrators. (70 O.S. § 6-101.10)

A. Each school district board of education shall maintain and annually review, following consultation with or involvement of representatives selected by local teachers, a written policy of evaluation for all teachers and administrators. In those school districts in which there exists a professional negotiations agreement made in accordance with Sections 509.1 et seq. of this title, the procedure for evaluating members of the negotiations unit and any standards of performance and conduct proposed for adoption beyond those established by the State Board of Education shall be negotiable items. Nothing in this section shall be construed to annul, modify or to preclude the renewal or continuing of any existing agreement heretofore entered into between any school district and any organizational representative of its employees. Every policy of evaluation adopted by a board of education shall:

1. Be based upon a set of minimum criteria developed by the State Board of Education, which by no later than the 2013-14 school year, shall be revised and based upon the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) developed by the State Board of Education as provided in Section 6 of this act;

2. Be prescribed in writing at the time of adoption and at all times when amendments to the policy are adopted. The original policy and all amendments to the policy shall be promptly made available to all persons subject to the policy;

3. Provide that all evaluations be made in writing and that evaluation documents and responses thereto be maintained in a personnel file for each evaluated person;

4. Provide that every probationary teacher be evaluated at least two times per school year, once prior to November 15 and once prior to February 10 of each year;

5. Provide that every teacher be evaluated once every year, except as otherwise provided by law; and

6. Provide that, except for superintendents of independent and elementary school districts and superintendents of area school districts, who shall be evaluated by the school district board of education, all certified personnel shall be evaluated by a principal, assistant principal, or other trained certified individual designated by the school district board of education.

B. All individuals designated by the school district board of education to conduct the personnel evaluations shall be required to participate in training conducted by the State Department of Education or training provided by the school district using guidelines and materials developed by the State Department of Education prior to conducting evaluations.

C. The State Department of Education shall develop and conduct workshops pursuant to statewide criteria which train individuals in conducting evaluations.

D. The State Board of Education shall monitor compliance with the provisions of this section by school districts.

E. Refusal by a school district to comply with the provisions of this section shall be grounds for withholding State Aid funds until compliance occurs.

All evaluation policies adopted by Oklahoma school districts must be based upon minimum criteria developed by the State Board of Education; in those school districts with previously existing professional negotiation agreements, the negotiated provisions must comply with the State Board of Education minimum criteria; the provisions of the evaluation procedure are mandatory topics of professional negotiations; the criteria negotiated and adopted may exceed the minimum criteria promulgated by the State Board of Education. January 9, 1987 (AG Op. No. 86-146)

Teacher evaluations may be conducted by a teaching principal. September 20, 1977 (AG Op. No. 77-235)

Section 119. Teacher’s Response to Evaluation. (70 O.S. § 6-101.11)

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 a hearing or trial de novo.

Contents of evaluation documents and responses may not be disclosed to anyone other than the classes of persons specifically designated, whether meeting of board is in open or in executive session, unless teacher affirmatively waives confidentiality. April 26, 1979 (AG Op. No. 79-80)

Section 120. Dismissal or Nonreemployment of Administrator Procedure. (70 O.S. § 6-101.13)

Whenever the local board of education or the administration of a school district shall determine that the dismissal or nonreemployment of a fulltime certified administrator from his 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 right to a hearing before the local board of education prior to the action; and

2. A hearing before the local board of education shall be granted upon the request of such 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.

Failure of the administrator to request a hearing before the local 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 local board of education concerning the dismissal or nonreemployment of a fulltime certified administrator shall be effective until the administrator has been afforded due process as specified in this section. The decision of the local board of education concerning the dismissal or nonreemployment, following the hearing, shall be final.

Note: Amended by SB 2033 of the 2nd Session of the 52nd Legislature. The amendments will become effective 07/01/2012. The amendments are not included in this edition of the School Laws of Oklahoma.

The Legislature intended to extend the protections of this section to administrators employed on a full-time basis, even if temporarily. Scott v. Independent School Dist. No. 22 of Pushmataha County, 2010 OK CIV APP 40.

Legislature has presumed constitutionally protected interest for certified administrators by mandating Loudermill due process requirements for dismissal or nonreemployment of a certified administrator; such due process includes an impartial tribunal. However, such due process does not include a right of appeal as is provided tenured teachers. Hoerman v. Western Heights Board of Education, 913 P.2d 684 (Okla. App. 1995).

Legislature intended that cause for dismissal or nonreemployment of a certified administrator be determined upon the facts of each case. Hoerman v. Western Heights Board of Education, 913 P.2d 684 (Okla. App. 1995).

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Section 121. Suspension of Administrator. (70 O.S. § 6-101.14)

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.

Section 122. Administrators - Conviction of Felony - Criminal Sexual Activity or Sexual Misconduct. (70 O.S. § 6-101.15)

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.

Section 122.1. Teacher and Leader Effectiveness Evaluation System – Implementation. (70 O.S. § 6-101.16)

A. By December 15, 2011, the State Board of Education shall adopt a new statewide system of evaluation to be known as the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE).

B. The TLE shall include the following components:

1. A five-tier rating system as follows:

a. superior,

b. highly effective,

c. effective,

d. needs improvement, and

e. ineffective;

2. Annual evaluations that provide feedback to improve student learning and outcomes;

3. Comprehensive remediation plans and instructional coaching for all teachers rated as needs improvement or ineffective;

4. Quantitative and qualitative assessment components measured as follows:

a. fifty percent (50%) of the ratings of teachers and leaders shall be based on quantitative components which shall be divided as follows:

(1) thirty-five percentage points based on student academic growth using multiple years of standardized test data, as available, and

(2) fifteen percentage points based on other academic measurements, and

b. fifty percent (50%) of the rating of teachers and leaders shall be based on rigorous and fair qualitative assessment components;

5. An evidence-based qualitative assessment tool for the teacher qualitative portion of the TLE that will include observable and measurable characteristics of personnel and classroom practices that are correlated to student performance success, including, but not limited to:

a. organizational and classroom management skills,

b. ability to provide effective instruction,

c. focus on continuous improvement and professional growth,

d. interpersonal skills, and

e. leadership skills;

6. An evidence-based qualitative assessment tool for the leader qualitative portion of the TLE that will include observable and measurable characteristics of personnel and site management practices that are correlated to student performance success, including, but not limited to:

a. organizational and school management, including retention and development of effective teachers and dismissal of ineffective teachers,

b. instructional leadership,

c. professional growth and responsibility,

d. interpersonal skills,

e. leadership skills, and

f. stakeholder perceptions; and

7. For those teachers in grades and subjects for which there is no state-mandated testing measure to create a quantitative assessment for the quantitative portion of the TLE, an assessment using objective measures of teacher effectiveness including student performance on unit or end of-year tests. Emphasis shall be placed on the observed qualitative assessment as well as contribution to the overall school academic growth.

C. The Teacher and Leader Effectiveness Commission shall provide oversight and advise the State Board of Education on the development and implementation of the TLE.

D. The State Department of Education shall provide to the Oklahoma State Regents for Higher Education and the Oklahoma Commission for Teacher Preparation timely electronic data linked to teachers and leaders derived from the TLE for purposes of providing a basis for the development of accountability and quality improvements of the teacher preparation system. The data shall be provided in a manner and at such times as agreed upon between the Department, the State Regents and the Commission.

E. For purposes of this section, “leader” means a principal, assistant principal or any other school administrator who is responsible for supervising classroom teachers.

Note: Amended by HB 1267, Sec. 1 of the 2011 Reg. Sess. Effective July 1, 2011.

School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article V: Teachers | Return to Top of Page

Section 122.2. Teacher and Leader Effectiveness Commission. (70 O.S. § 6-101.17)

A. There is hereby created to continue until July 1, 2016, in accordance with the provisions of the Oklahoma Sunset Law, the Teacher and Leader Effectiveness Commission.

B. The membership of the Commission shall consist of:

1. The Superintendent of Public Instruction, or designee;

2. A member of the Senate, appointed by the President Pro Tempore of the Senate;

3. A member of the House of Representatives, appointed by the Speaker of the House of Representatives;

4. A member of the Senate, appointed by the Minority Leader of the Senate;

5. A member of the House of Representatives, appointed by the Minority Leader of the House of Representatives;

6. A representative from the Office of the Governor or the executive cabinet, appointed by the Governor;

7. The Executive Director of the Oklahoma Commission for Teacher Preparation, or designee;

8. A representative of a technology center school district, appointed by the Director of the Oklahoma Department of Career and Technology Education;

9. A representative of an institution within The Oklahoma State System of Higher Education, appointed by the Chancellor of Higher Education;

10. A representative of a statewide organization representing school district boards of education, appointed by the President Pro Tempore of the Senate;

11. A representative of a statewide organization representing public school superintendents, appointed by the Speaker of the House of Representatives;

12. A representative of a statewide organization representing business and education, appointed by the President Pro Tempore of the Senate;

13. An individual employed by a business or company located in this state, appointed by the Speaker of the House of Representatives;

14. Three (3) representatives, one (1) from each of the three (3) largest statewide organizations representing active public school teachers, appointed by the Governor;

15. A representative of a statewide parent-teacher organization, appointed by the Governor;

16. A representative of a philanthropic organization involved in education, appointed by the Governor; and

17. An individual involved in Science, Technology, Engineering and Mathematics (STEM) education, appointed by the Governor.

C. Initial appointments pursuant to the provisions of this section shall be made no later than August 1, 2010. Members shall serve at the pleasure of the appointing authority. Vacancies shall be filled by the original appointing authority. The State Superintendent of Public Instruction, or designee, shall serve as chair of the Commission. Members of the Commission shall select a vice-chair from the membership of the Commission. Meetings of the Commission shall be held at the call of the chair. A majority of the members of the Commission shall constitute a quorum for the transaction of any business.

D. Members of the Commission shall receive no compensation for serving on the Commission, but shall receive travel reimbursement as follows:

1. State employees who are members of the Commission shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act;

2. Legislative members shall be reimbursed in accordance with Section 456 of Title 74 of the Oklahoma Statutes; and

3. All other members of the Commission shall be reimbursed by the State Department of Education for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

E. Staff support for the Commission shall be provided by the State Department of Education and the Oklahoma Commission for Teacher Preparation.

F. Members who serve on the Commission shall be exempt from the dual-office-holding prohibitions of Section 6 of Title 51 of the Oklahoma Statutes.

G. The Commission shall comply with the provisions of the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.

H. The duties of the Commission, as specified in subsection I of this section, shall not be contingent upon the state being selected to receive or the state actually receiving any federal Race to the Top funding.

I. The Commission shall provide oversight and advise the State Board of Education on the development and implementation of the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as created in Section6- 101.16 of this title, including:

1. Making recommendations to the State Board regarding the development and implementation of the TLE prior to adoption of any permanent rules or policies by the State Board;

2. Regularly reviewing progress toward development and implementation of the quantitative and qualitative measures that comprise the TLE;

3. Regularly reviewing progress toward timely access to student growth data;

4. Regularly reviewing the correlation between the quantitative and qualitative scores and other data to ensure that the TLE is being implemented with validity and that evaluations of individuals conducted by school districts are meaningful and demonstrate that reasonable distinctions are being made relating to performance;

5. Assuring input and participation from teachers and leaders on the development and implementation of the TLE;

6. Gathering public comment on the development and effectiveness of the TLE; and

7. Assuring that the TLE is based on research-based national best practices and methodology.

J. The Commission shall issue a report by December 31 of each year and submit a copy of the report to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

Note: Amended by HB 1267, Sec. 1 of the 2011 Reg. Sess. Effective July 1, 2011.

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Section 123. Teacher Due Process Act of 1990. (70 O.S. § 6-101.20)

Sections 75 through 85 of this act shall be known and may be cited as the “Teacher Due Process Act of 1990”.

Under Oklahoma law, statutory scheme governing employment of public school teachers creates property interests in employment which merit constitutional due process protection. Extra duty assignments, however, are too far removed from primary teaching responsibilities to be protected under state regulatory scheme governing employment of public school teachers. Lancaster v. Ind. School Dist. No. 5, 149 F.3d 1228 (10th Cir. 1998)

Under Oklahoma law, tenured teachers have a protected interest only in continued employment, not in a particular position. Lancaster v. Ind. School Dist. No. 5, 149 F.3d 1228 (10th Cir. 1998)

Teacher's contracts, which permitted her summary removal as teacher if her supplementary position as coach ceased to suit school district, directly conflicted with stated purpose of the Teacher Due Process Act. Accordingly, purported waiver of the Act’s protections was invalid under Oklahoma law. The purpose of the Act is to promote good order and welfare of the state and school system by preventing removal of capable and experienced teachers for reasons arising solely from political or personal whim. Parker v. Ind. School Dist. No. I-03 of Okmulgee County, Oklahoma, 82 F.3d 952 (10th Cir. 1996)

Section 124. Standards of Conduct and Performance for Teachers. (70 O.S. § 6-101.21)

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.

Section 125. Grounds for Dismissal or Nonreemployment of Teachers. (70 O.S. § 6-101.22)

A. Subject to the provisions of the Teacher Due Process Act of 1990, a career teacher may be dismissed or not reemployed for:

1. Willful neglect of duty;

2. Repeated negligence in performance of duty;

3. Mental or physical abuse to a child;

4. Incompetency;

5. Instructional ineffectiveness;

6. Unsatisfactory teaching performance;

7. Commission of an act of moral turpitude; or

8. Abandonment of contract.

B. Subject to the provisions of the Teacher Due Process Act of 1990, a probationary teacher may be dismissed or not reemployed for cause.

1. A career teacher who has been rated as “ineffective” as measured pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act for two (2) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990.

2. A career teacher who has been rated as “needs improvement” or lower pursuant to the TLE for three (3) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990.

3. A career teacher who has not averaged a rating of at least “effective” as measured pursuant to the TLE over a fiveyear period shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district, subject to the provisions of the Teacher Due Process Act of 1990.

1. A probationary teacher who has been rated as “ineffective” as measured pursuant to the TLE for two (2) consecutive school years shall be dismissed or not reemployed by the school district subject to the provisions of the Teacher Due Process Act of 1990.

2. A probationary teacher who has not attained career teacher status within a four-year period shall be dismissed or not reemployed by the school district, subject to the provisions of the Teacher Due Process Act of 1990.

E. A teacher shall be dismissed or not reemployed, unless a presidential or gubernatorial pardon has been issued, if during the term of employment the teacher 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.

F. A teacher 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.

G. As used in this section, “abandonment of contract” means the failure of a teacher to report at the beginning of the contract term or otherwise perform the duties of a contract of employment when the teacher has accepted other employment or is performing work for another employer that prevents the teacher from fulfilling the obligations of the contract of employment.

Note: Amended by SB 2033, Sec. 10 of the 2nd Session of the 52nd Legislature; effective 07/01/2012

Note: See Section 413 – reduction of State Aid as cause for dismissal of teacher under continuing contract law.
See Section 180.14 – failure to meet professional development requirements as cause for nonrenewal.

Trial court did not err in directing reinstatement of a teacher who was dismissed for mental or physical abuse of a child, when teacher admitted to slapping a child. Hagen v. Ind. School Dist. No. I-04, 2007 OK 19

Proving instructional ineffectiveness and unsatisfactory teaching performance by a preponderance of the evidence is the standard under the Teacher Due Process Act. At trial de novo, trial judge correctly placed the burden of proof on the school district. The issue at trial is not whether teacher substantially complied with his plan for improvement, but rather whether the teaching was unsatisfactory or ineffective. Furthermore, trial judge substantially complied with the requirement of written findings of fact and conclusions of law by stating basis for ruling into the record, but Court of Civil Appeals was within its authority to remand so that the court would make a journal entry reflecting findings of fact and conclusions of law. Weston v. Ind. School Dist. No. 35 of Cherokee County, Oklahoma, 2007 OK 61

Teacher’s unexecuted threat to physically assault school superintendent and another teacher, made on school grounds but outside the general purview of students, does not constitute moral turpitude. Ballard v. ISD No. 4 of Bryan County, 2003 OK 76, 77 P.3d 1084.

Moral turpitude is conduct contrary to justice, honesty, and good morals. The elements of intent and knowledge are important, and, if the wrong is unintentional, it is not moral turpitude. Falsification of student records and failure to maintain the integrity of student records constituted moral turpitude. Hill v. ISD No. 25 of Adair County, 2002 OK CIV APP 97, 57 P.3d 882.

District failed to establish teacher was guilty of moral turpitude as to making of false statements. Hawzipta v. Independent School Dist. No. 4, 13 P.3d 98, 2000 OK CIV APP 113.

Repeated tardiness of teacher can amount to Willful Neglect of Duty. Winslett v. ISD No. 16, 657 P.2d 1208 (Okla. App. 1982)

Probationary teacher is entitled to be given reasons or findings upon which board of education decided not to reemploy her. Jackson v. ISD No. 16, 648 P.2d 26 (Okla. 1982)

Letter stating tenured teacher’s contract will not be renewed because of teacher’s “system of grading” or “method of teacher” or “partiality to certain students” is not sufficient. Lovelace v. Ingram, 518 P.2d 1102 (Okla. 1973)

REDUCTION IN FORCE (RIF):

If a teaching position which is occupied by a career teacher is eliminated pursuant to a reduction in force (RIF) and the career teacher is qualified for another teaching position which is occupied by a nontenured teacher, reasonable accommodations must be made to give priority for contract renewal to qualified career teachers over nontenured teachers. Barton v. ISD No. I-99, 914 P.2d 1041 (Okla. 1996)

The Teacher Due Process Act is not applicable to a reduction in force, and a school district need not comply with the procedures of the Act when implementing a reduction in force. Patterson v. Board of Education of Francis Tuttle Vocational Technical School District No. 21, 894 P.2d 433 (Okla. App. 1994)

School board has the implicit authority to nonreemploy teachers when implementing a reduction in force (RIF) plan even though School Code does not specifically address a RIF. However, a RIF plan must conform to the demands of tenure law such that tenured faculty have a claim to preferential status over nontenured faculty in implementation of a RIF plan. Babb v. ISD No. I-5, 829 P.2d 973 (Okla. 1992)

“Teacher tenure law” provides that tenured teacher has priority for renewal over nontenured teacher in cases of reduction of force implementation when both teachers are certified to teach the same subject. Babb v. ISD No. I-5, 829 P.2d 973 (Okla. 1992)

During a reduction in force implementation, when nontenured teachers were allowed to change classifications in order to be considered for classroom assignment, but tenured teachers were not allowed to change classifications, statutory tenure regime was violated; in effect, tenure-like status was given to nontenured faculty. Babb v. ISD No. I-5, 829 P.2d 973 (Okla. 1992)

Nonrenewal of tenured teacher on district’s reduction in force does not bring into play statutory appeals procedures. January 27, 1982 (AG Op. No. 81-288)

Board of Education can refuse to renew contract of teacher, whether probationary or tenured, when teaching position is to be eliminated. June 1, 1979 (AG Op. No. 79-151)

When because of a decrease in number of pupils a teaching position is changed from full time to part time, contract of tenured teacher can be reduced to one-half time and salary reduced accordingly. June 29, 1976 (AG Op. No. 76-194)

Elimination of teaching position is proper reason for nonrenewal of tenured teacher’s contract. June 29, 1976 (AG Op. No. 76-194)

Board of Education can legally refuse to renew contract of tenured teacher because of loss of attendance, or lack of available funds caused by reduction in Federal Funds, or mandatory age policy. AG Op. May 31, 1973

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Section 126. Teachers Exempted from Dismissal, Suspension and Nonreemployment Provisions. (70 O.S. § 6-101.23)

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, 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.

Although a school district can not place a teacher on a temporary contract for more than four semesters with no break in service, there is no prohibition against multiple temporary contracts with distinct breaks in service even if the total number of semesters exceeds four. Dehart v. Indep. Sch. Dist. No. 1 of Tulsa County, 2011 OK CIV APP 68.

There is no requirement that the full written disclosure be in a document separate from the temporary contract itself. Dehart v. Indep. Sch. Dist. No. 1 of Tulsa County, 2011 OK CIV APP 68.

A teacher who signs a temporary teacher contract prior to the end of her third consecutive year of teaching is not a “career teacher” at the time of the signing and has no rights to tenure at that time. The teacher does not gain tenure by working a fourth year under a temporary contract. Scheer v. ISD No. I-26, Afton Public Schools, 1997 OK 115, 948 P.2d 275.

Temporary contract is one which is for a stated period of time as distinguished from continuing employment contracts. January 16, 1984 (AG Op. No. 83-253)

Circumstances under which a temporary contract may be used is within discretion of boards of education. January 16, 1984 (AG Op. No. 83-253)

Statutory dismissal, suspension and nonreemployment procedures do not apply to teachers or counselors in Skills Centers or Inmate Training Centers operated by State Department of Vocational and Technical Education. January 17, 1980 (AG Op. No. 79-351)

Section 127. Procedures for Administrator to Follow for Admonishment of Teacher. (70 O.S. § 6-101.24)

A. When a teacher receives a rating as measured pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act 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.

Note: Amended by SB 2033, Sec. 11 of the 2nd Session of the 52nd Legislature; effective July 1, 2012.

Admonishment statute merely requires that the administrator admonish the teacher in writing. It does not dictate how specific the admonishment must be. Mere technical violations do not necessarily result in a denial of due process. Fields v. ISD No. 1 of Tulsa County, 2002 OK CIV APP 109, 84 P.3d 779.

Career teacher is not entitled to an admonishment and reasonable time for improvement when teacher committed acts demonstrating moral turpitude. Teacher, whether probationary or career, whose dismissal is based on specific irremediable instances of misconduct is not entitled to admonishment. Hill v. ISD No. 25 of Adair County, 2002 OK CIV APP 97, 57 P.3d 882.

Admonishment and plan of improvement is not required prior to termination of probationary teacher for misconduct unrelated to teaching performance. Harjo v. Board of Education of ISD No. 7, 1999 OK CIV APP 35, 976 P.2d 1096.

Statutory requirement that plan of improvement contain a specific time for improvement is a mere technical requirement and failure to comply will not invalidate action to dismiss, particularly where there is no prejudice to teacher. House v. ISD I-29 of Muskogee County, 939 P. 2d 1127 (Okla. 1997).

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Section 128. Recommendation of Dismissal or Nonrenewal. (70 O.S. § 6-101.25)

Whenever a superintendent decides to recommend that a teacher employed within the school district be dismissed or not reemployed, the superintendent shall state the recommendation in writing, setting forth the basis for the recommendation, and shall submit such recommendation to the board of education.

If the teacher subject to such recommendation is a career teacher, the recommendation shall specify the statutory grounds for which the recommendation is based.

If the teacher subject to such recommendation is a probationary teacher, the recommendation shall specify the cause for which the recommendation is based.

The superintendent shall also specify the underlying facts supporting the recommendation.

Section 129. Procedure for Dismissal or Nonreemployment - Hearing and Appeal Rights. (70 O.S. § 6-101.26)

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 probationary 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.

Note: Amended by HB 1380, Sec. 3 & Sec. 4 of the 2011 Reg. Sess. effective 08/26/2011.

Notice given to teacher which set forth grounds for dismissal was sufficient when, within 10 days thereafter, teacher received reports which set forth specific instances of alleged wrongdoing. Teacher did not allege any prejudice from delay in receiving details of alleged wrongdoing. Hill v. ISD No. 25 of Adair County, 2002 OK CIV APP 97, 57 P.3d 882

When teacher failed to obtain necessary certification for continuing in position, contract of employment was extinguished by operation of law, and school district did not have to comply with notice and hearing requirements of Teacher Due Process Act. Guthrie v. ISD No. 30 of Adair County, Cave Springs Public Schools, 1998 OK CIV APP 47, 958 P.2d 802

Probationary teacher is entitled to be given reasons or findings upon which board of education decided not to reemploy her. Jackson v. ISD No. 16, 648 P.2d 26 (Okla. 1982)

Tenured teacher reinstated by hearing panel to teaching position not entitled to reinstatement of his coaching duties. Maupin v. ISD No. 26, 632 P.2d 396 (Okla. 1981)

Notwithstanding statutory provisions that decision of a board of education to dismiss a teacher for wilful neglect of duty shall be final, teacher can still maintain court action for breach of contract on ground dismissal was arbitrary and founded on no evidence of such neglect. Scherich v. ISD No. 42, 591 P.2d 1270 (Okla. App. 1979)

Section 130. Repealed.

Note: Repealed by HB 1380, Sec. 6 & 7 of the 2011 Reg. Sess. effective 08/26/2011.

Section 131. Applicable Procedure. (70 O.S. § 6-101.28)

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.

Section 132. Suspension of Teacher. (70 O.S. § 6-101.29)

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.

Note: Amended by HB 1380, Sec. 5 of the 2011 Reg. Sess. effective 08/26/2011.

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Section 133. Years of Credit for Teachers in Districts That are Annexed or Consolidated. (70 O.S. § 6-101.30)

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.

Section 134. Support Employees - Disciplinary Action. (70 O.S. § 6-101.40)

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 licensed 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.

“Lack of funds” does not require that school district be bankrupt but exists when insufficient revenue is available to meet all financial demands including reserves. Isch v. Oklahoma ISD No. I-89, 1998 OK CIV APP 90, 963 P.2d 18.

The term “full-time employee” as used in this Section refers to an employee who renders services based upon standard period of labor customarily understood to constitute full-time employment for type of services rendered to a school district. October 6, 1981 (AG Op. No. 81-217)

Section 135. School Support Employees - Conviction of Felony - Criminal Sexual Activity or Sexual Misconduct. (70 O.S. § 6-101.41)

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.

Section 136. Disciplinary Policy - Statement. (70 O.S. § 6-101.43)

Each local board of education shall adopt a policy statement defining the causes and procedures for suspension, demotion, termination or nonreemployment of support personnel. Upon adoption of such policy, a copy thereof shall be furnished to each support employee.

Section 137. Policy Prerequisite to Disciplinary Action. (70 O.S. § 6-101.44)

Beginning January 1, 1982, no suspension, demotion or termination of a support employee shall be effective or enforceable unless the local school board has adopted a policy as provided in Section 2 of this act.

Section 138. Support Employees - Notification Concerning Employment. (70 O.S. § 6-101.45)

A. A school district, no later than ten (10) days after the effective date of the education appropriation bill or June 1, whichever is later, shall give reasonable assurance of employment in writing to any support employee that the school intends to employ for the subsequent school year.

B. This section shall not be construed to nullify the provisions of Sections 24-133 through 24-137 of this title or be construed to deprive any employee that the district is considering not employing for the subsequent year of any rights provided in such sections.

School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article V: Teachers | Return to Top of Page

Section 139. Right to Hearing. (70 O.S. § 6-101.46)

A. After any suspension or prior to any demotion, termination or nonreemployment, a support employee shall receive notice of the right to a hearing. The hearing shall be conducted by the local board of education. All notices shall be by certified mail, with the postmark used to determine the timeliness of the notice. Failure of the employee to request a hearing within ten (10) working days of such notice shall be considered a waiver of the employee’s right to a hearing.

B. Nonreemployment shall mean nonrenewal of a support employee’s contract upon expiration of the contract.

C. If an employee is to be suspended for a period to exceed ten (10) days, the superintendent of the district shall initiate proceedings for termination and shall follow the procedures set forth in subsection A of this section. However, in a case involving a criminal charge or indictment, the suspension may be delayed until the employee’s case is adjudicated at the trial. Nothing in this act shall prevent the school board from proceeding against the employee during or after the suspension for termination as provided in this act.

Section 140. Time for Hearing - Board’s Decision Final. (70 O.S. § 6-101.47)

If the employee selects a hearing before the local board of education, the hearing shall be conducted at the next, or next succeeding, regularly scheduled meeting if the request for the hearing was received by the local board of education at least ten (10) days prior to the next, or next succeeding, regularly scheduled meeting. Provided, however, at the request of the employee or at the discretion of the local board of education, the local board shall call a special meeting to conduct the requested hearing, which shall be held no sooner than ten (10) days nor later than thirty (30) days after receipt of the employee’s request. The decision of the local board of education at the hearing shall be final.

There is no requirement that support employees be provided “de novo” review procedures as are provided to career teachers. Isch v. Oklahoma ISD No. I-89, 1998 OK CIV APP 90, 963 P.2d 18.

Section 140.1. Contractors Prohibited from Allowing Sex Offenders to Work on School Premises. (70 O.S. § 6-101.48)

A. No person or business having a contract with a school or school district to perform work on a full-time or parttime basis that would otherwise be performed by school district employees shall allow any employee to work on school premises if the employee is convicted in this state, the United States or another state of any felony offense unless ten (10) years has elapsed since the date of the criminal conviction or the employee has received a presidential or gubernatorial pardon for the criminal offense.

B. Every person or business performing services not subject to subsection A of this section on the property of a school or school district shall at the time of contracting be required to sign a statement declaring that no employee working on school premises under the authority of the business is currently registered or required to register under the provisions of the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Compliance with this statute shall be required of the person or private business, and there shall be no obligation placed upon a school district to ascertain the truthfulness of the affidavit.

C. A person or business having a written contract with a school or school district to perform work on a full-time or part-time basis that would otherwise be performed by school district employees may conduct a felony search of the employees of the person or entity who would be assigned that work through a request to the State Board of Education in the same manner as a felony search is afforded school districts by Section 5-142 of this title.

Note: See also 1042.1

Section 141. Sick Leave - Emergency Leave - Personal Business Leave - Jury Service. (70 O.S. § 6-104)

A. The board of education of each school district in the state shall provide for sick leave for all teachers employed in the district and shall pay such teachers the full amount of their contract salaries during any absence from their regular school duties for a period of time and under such conditions as the board may determine, but not less than the minimum benefits hereafter specified. Payment for sick leave shall be made on the basis of the current salary rate then in effect for the teacher receiving the payment. The plan shall provide that a teacher may be absent from his or her duties due to personal accidental injury, illness or pregnancy, or accidental injury or illness in the immediate family without the loss of salary for not to exceed ten (10) days during each school year, except that said absence without loss of salary for teachers employed on an eleven-month contract shall not exceed eleven (11) days during each school year and for those teachers employed on a twelve-month contract shall not exceed twelve (12) days during each school year, if said contract is for the work period, and not merely for pay purposes. The right to such leave shall vest at the beginning of the school year. Each school district shall provide for all teachers a minimum of three (3) days for personal business leave, upon the request of the teacher. Salary deductions for such leave shall not exceed the salary level for substitute teachers. Provided further, that these terms for personal business leave shall not negate any locally negotiated leave policies which exceed the minimum benefits stated above. Each school district may provide not more than five (5) days each year for emergency leave. Each school district will determine the purposes for which emergency leave can be used. Those days shall not be chargeable to sick leave and will be noncumulative. Unused sick leave shall be cumulative up to a total of sixty (60) days, and cumulative sick leave shall be transferable to another school district where the teacher is employed the next succeeding school year, provided that the number of days transferred shall not exceed the maximum days permitted by the receiving district and that such transferred days shall be used first in case of illness and, provided further, that if the receiving district pays teacher for unused sick leave upon retirement or termination of contract, then said payments shall be for only those days accumulated in the receiving district. The school board of the sending district shall certify the exact number of days eligible for transfer.

B. The plan of each school district for sick leave benefits may include other terms and conditions, but shall not provide less sick leave benefits than those prescribed herein. Hospital and medical proceeds may not be charged against sick leave benefits, but the proceeds received by the teacher from any insurance provided by the district for loss of compensable time may be charged against sick leave benefits. Provided the board of education may provide all or part of hospital and medical benefits, and sickness, accident, health and life insurance or any of the aforesaid for any or all of its employees. On authorization of the teacher, the district may approve payroll deductions for such teacher’s portion of the aforesaid.

C. Each school district shall grant a teacher leave for jury service or as a witness subpoenaed in a criminal, civil or juvenile proceeding and shall pay the teacher during such service the full, current contract salary. Provided that the district may deduct any compensation received for serving as a juror or witness from the teacher’s salary during such service.

D. A school district shall also provide for benefits for personnel other than teachers. Benefits for support personnel employees shall include provisions for paid sick leave of at least one (1) day per month of employment not to exceed the number of hours per day for which they are regularly employed cumulative to a total of sixty (60) days and cumulative sick leave shall be transferable to another school district where the person is employed the next succeeding school year; provided, that the number of days transferred shall not exceed the maximum days permitted by the receiving district and that such transferred days shall be used first in case of illness up to a maximum of ten (10) transferred days per school year unless the local board of education authorizes the use of additional transferred days during the school year in an amount set by the board and, provided further, that if the receiving district pays such person for unused sick leave upon retirement or termination of employment, then said payments shall be for only those days accumulated in the receiving district. The school board of the sending district shall certify the exact number of days eligible for transfer. Each school district shall provide for all support employees, a minimum of three (3) days for personal business leave, upon the request of the support employee. Salary deductions for personal business leave shall not exceed an amount necessary to cover the costs of services provided to the district by the support employee and shall not exceed the salary of the support employee. The terms for personal business leave provided by this subsection shall not negate any locally negotiated leave policies which exceed the minimum benefits stated above. Payment for such leave shall be calculated with regard to the definition of “support employee” provided by Section 6-101.40 of this title. Provided that such benefits shall not exceed those authorized for teachers hereunder.

Note: See Section 730 herein as to continued payment of contract salary to school personnel injured in performance of duties.

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. March 27, 1992 (AG Inf. Op. No. 91-632)

If the teacher is on personal business leave, an amount necessary to pay a substitute teacher may be deducted from the teacher’s salary. April 10, 1991 (AG Inf. Op. No. 90-670)

Board may not deduct more from teacher’s salary than amount necessary to pay substitute unless it has regulations which specify types of leave for which it will deduct a day’s pay. November 27, 1987 (AG Op. No. 87-80)

Whether teacher can take personal business leave to engage in practice of law must be determined under local district’s regulations governing personal business leave. November 27, 1987 (AG Op. No. 87-80)

District’s locally negotiated personal business leave policy providing for only two days with no salary deduction is invalid. May 18, 1983 (AG Op. No. 83-51)

Sick leave bank plan for teachers can be negotiated. May 18, 1983 (AG Op. No. 83-33)

Exact calendar date when school begins is question to be determined by board of education, but “school year” does not begin prior to commencement of instruction. July 27, 1982 (AG Op. No. 82-159)

Teacher with accumulated sixty (60) days of sick leave prior to commencement of school year earns additional ten (10) days when new school year begins but unused sick leave in excess of sixty (60) days is lost at end of year. March 2, 1981 (AG Op. No. 81-33)

If accumulated sick leave has been paid for by sending district, days for which teacher was paid cannot be transferred to another school district. January 15, 1981 (AG Op. No. 80-300)

Accumulated sick leave up to sixty (60) days must be transferred when teacher leaves employment in one school district and secures employment in another district. August 20, 1980 (AG Op. No. 80-179)

In absence of agreement, number of days allowed for “personal business”leave is discretionary with board of education. December 9, 1980 (AG Op. No. 80-247)

District must provide for benefits for personnel other than teachers, including cumulative sick leave, but is not required to provide same benefit plans as required by law for teachers. February 20, 1980 (AG Op. No. 80-14)

School district employee cannot miss work to further employee negotiations without loss of pay. June 20, 1979 (AG Op. No. 79-176)

Automobile, homeowners or personal property insurance may not be offered to an employee in lieu of sickness, accident, health and life insurance or other hospital and medical benefits afforded to employees of the district; and additional wages cannot be paid to employees in lieu of providing other authorized benefits where employee does not elect to participate in the benefits program. June 7, 1979 (AG Op. No. 79-153)

Board of education has authority to determine for what purposes “personal business” leave can be used. August 19, 1977 (AG Op. No. 77-217)

Negotiations agreement may provide for more than sixty (60) days accumulated sick leave but cannot provide for less than sixty (60) days. September 9, 1977 (AG Op. No. 77-216)

Absence of teacher, due to illness, from preschool orientation or inservice training may be charged to accumulated leave. AG Op. January 16, 1976

Absence of teacher, due to illness, from professional meeting within 5-day period allowed for attendance of professional meetings may be charged to accumulated leave. AG. Op. January 16, 1976

Board of Education may, but is not required to give teacher emergency leave to be used for personal business. AG Op. May 1, 1972.

Board of education must provide minimum total of ten (10) days sick leave for combination of absence due to personal illness and illness in immediate family. AG Op. October 22, 1971

Sixty (60) days cumulative leave is mandatory and there is no distinction between unused sick leave for personal illness and illness in immediate family. AG Op. October 22, 1971

Allowance for emergency leave is not chargeable to sick leave. AG Op. October 22, 1971

Board of Education determines purposes for which emergency leave may be taken. AG Op. October 27, 1971

Sick leave plan must be in writing, show date of approval by board of education, and be made available to all teachers. AG Op. November 15, 1968

Salary deductions after sick benefits exhausted should be on 180 day basis. AG Op. November 15, 1968

It is mandatory that a board of education provide no less than ten (10) days sick leave per annum to a teacher; and that such leave be cumulative up to a total of sixty (60) days. AG Op. October 28, 1966

School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article V: Teachers | Return to Top of Page

Section 141.1. Leave Without Pay - Experience Credit - Retirement. (70 O.S. § 6-104.1)

After exhausting sick leave and extended leave pursuant to Sections 6-104 and 6-104.5 of Title 70 of the Oklahoma Statutes, a full-time teacher who, with the proper approval of the district board of education, takes not more than ninety (90) school days of leave without pay to care for the teacher’s child during the first year of the child’s life, shall receive full credit for the days on leave without pay as though the teacher had been on leave with pay for purposes of computing experience for the minimum teacher salary schedule. A teacher on leave without pay pursuant to this section who pays the actuarial cost, as determined by the Board of Trustees of the Teacher’s Retirement System, shall have the period during which such leave without pay is taken, counted toward retirement service credit as though the teacher had been on leave with pay. The teacher shall notify their employer and the System in writing within thirty (30) days from the date he or she returns to service that they will pay such actuarial cost. The teacher shall have up to twelve (12) months from the date he or she returns to service to pay such actuarial cost.

Section 142. Salary Payment After Leave Exhausted - Payment for Unused Leave Upon Termination of Employment. (70 O.S. § 6-104.5)

A. If, after exhausting all sick leave, a teacher is absent from his or her duties due to personal accidental injury, illness or pregnancy, the teacher shall receive for a period of not to exceed twenty (20) days his or her full contract salary less the amount:

1. actually paid a certified substitute teacher for his or her position if a certified substitute teacher is hired; or

2. normally paid a certified substitute teacher for his or her position if a certified substitute teacher is not hired.

B. The district’s plan may provide that the teacher is entitled to payment for accrued but unused sick leave upon
termination of employment.

Sick leave plan can permit calculation of deductions from teacher’s salary on basis of actual employment contract period, so long as contract period does not exceed 190 days. June 28, 1977 (AG Op. No. 77-186)

Section 143. Sick Leave Sharing Programs. (70 O.S. § 6-104.6)

A. The board of education of each school district may establish a leave sharing program for all district employees. The program shall permit district employees to donate sick leave to a fellow district employee who is pregnant or recovering from or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate employment.

B. As used in this section:

1. “Relative of the employee” means a spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee;

2. “Household members” means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune;

3. “Severe” or “extraordinary” means serious, extreme or life-threatening including temporary disability resulting from pregnancy, miscarriage, childbirth and recovery therefrom; and

4. “District employee” means a teacher or any full-time employee of the school district.

C. A district employee may be eligible to receive shared leave pursuant to the following conditions:

1. The board of education determines that the employee meets the criteria described in this section; and

2. The employee has abided by district policies regarding the use of sick leave.

D. A district employee may donate annual leave to another district employee only pursuant to the following conditions:

1. The receiving employee has exhausted, or will exhaust, only sick leave earned pursuant to Section 6-104 of this title due to pregnancy, miscarriage, childbirth and recovery therefrom, an illness, injury, impairment, or physical or mental condition, which is of an extraordinary or severe nature, and involves the employee, a relative of the employee or household member;

2. The condition has caused, or is likely to cause, the employee to go on leave without pay or to terminate employment;

3. The board of education of the district permits the leave to be shared with an eligible employee;

4. The amount of leave to be donated is within the limits set by the board of education of the district; and

5. District employees may not donate excess sick leave that the donor would not be able to otherwise take.

E. The board of education of each school district shall determine the amount of donated leave an employee may receive.

F. The board of education shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

G. Donated sick leave is transferable between employees of different school districts in the state with the agreement of both boards of education of each school district.

H. The receiving employee shall be paid the regular rate of pay of the employee. The sick leave received will be designated as shared sick leave and be maintained separately from all other sick leave balances.

I. Any donated sick leave may only be used by the recipient for the purposes specified in this section.

J. Only sick leave earned pursuant to Section 6-104 of this title available for use by the recipient must be used prior to using shared sick leave.

K. Any shared sick leave not used by the recipient during each occurrence as determined by the board of education shall be returned to the donor. The shared sick leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to the annual leave balance of each donor.

L. All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave for purposes of the leave sharing program.

M. In addition to the sick leave sharing program provided for in this section, the board of education of each school district may establish a sick leave sharing bank for all district employees. A district employee may donate sick leave to a common fund which may be used by any district employee who is eligible to receive shared leave as set forth in subsection A of this section. The terms and conditions for donation and use of sick leave to a leave sharing bank shall be subject to the provisions of this section, unless negotiations, entered into pursuant to Section 509.1 et seq. of this title, between district employees and the school district establish terms and conditions for a sick leave sharing bank in excess of those provided for in this section.

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Section 143.1. Leave Related to National Disaster. (70 O.S. § 6-104.7)

A. The board of education of each school district may grant leave with pay not to exceed fifteen (15) working days
to a district employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if:

1. The employee suffered a physical injury as a result of the disaster;

2. A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or

3. The domicile of the employee or the domicile of a relative of the employee was damaged or destroyed as a result of the disaster.

B. As used in this section:

1. “Relative of the employee” shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and

C. The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than six (6) months after the date of a presidentially declared national disaster.

D. Annual leave, sick leave, or compensatory time which was charged to a school district employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the governing body. A school district employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee.

E. A district board of education may amend an existing leave sharing program or establish a leave sharing program to allow district employees to share sick or annual leave with district employees who are eligible for leave pursuant to subsection A of this section. The disaster-related leave sharing plan shall be subject to the following conditions:

1. An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;

2. The donated leave must be used for disaster-related injuries or matters;

3. The eligible employee shall not be required to take or exhaust any of the employee’s regular sick, personal, or emergency leave in order to receive donated leave;

4. Donated leave may be used to reinstate regular emergency, sick, or personal leave an employee used after May 1, 1999, for disaster-related injuries or matters;

5. An eligible employee who was required to take leave without pay for disaster-related injuries or matters may be compensated for up to fifteen (15) days if leave is donated to cover the leave without pay; and

6. The district may require documentation to support a request to use donated leave pursuant to this section.

Section 144. Substitute Teachers - Military Leave for Teachers. (70 O.S. § 6-105)

A. If, because of sickness or other reason, a teacher is temporarily unable to perform regular duties, a substitute teacher may be employed for the position for the time of the absence. A substitute teacher shall be paid in an amount and under such terms as may be agreed upon in advance by the substitute teacher and the board of education or according to regulations of the board. If a teacher is absent for reason of personal business the school district shall deduct from the salary of the teacher only the amount necessary to pay the substitute.

B. No substitute teacher shall be employed for a total period of time in excess of ninety (90) school days during a school year; or one hundred (100) school days during the school year if the substitute teacher holds a lapsed or expired certificate or has a bachelors level college degree; or no limit of school days during the school year if the substitute teacher holds a valid certificate. Except as provided in this section, a substitute teacher may not be employed for the same assignment for more than twenty (20) school days during a school year unless the substitute teacher holds a valid certificate.

C. Substitute teachers who do not hold a valid certificate and who are employed to teach special education for students with physical disabilities or students with mental retardation shall not be subject to the restrictions on total time a substitute teacher may be employed or the restrictions on time in the same assignment if no certified teachers are available to teach such students and the students would be denied instruction in special education if the substitute teacher were not employed. Beginning with the 2007-08 school year, any substitute teacher employed to teach special education for the same assignment for more than fifteen (15) consecutive or thirty (30) total school days during a school year who does not hold a valid certificate to teach special education shall be required to complete in-service training as prescribed by the State Board of Education. The training shall be provided at no cost to the substitute teacher. Availability of certified teachers shall be determined after the school has consulted the State Board of Education and any other resources for filling the vacant position with a certified teacher.

D. A school district may request a waiver of the restrictions on total time a substitute teacher may be employed or the restrictions on time in the same assignment from the State Board of Education for a substitute teacher who does not hold a valid certificate. The school district shall submit evidence on the availability of certified substitute teachers and the qualifications of the substitute teacher. The Board shall develop procedures for the filing and processing of substitute teacher waivers pursuant to this subsection.

E. Payment of salary to a substitute shall have no effect on the amount of salary to which the absent regular teacher is entitled under the applicable leave plan.

F. Any substitute or cadet teacher employed in any school system on a monthly or annual basis shall hold a certificate and have a written contract in the manner and under the same conditions as for regular teachers.

G. Teachers who are members of the Reserve Forces of the Army, the Navy, the Marine Corps, the Coast Guard, the Air Force, or any other component of the Armed Forces of the United States, including members of the Air or Army National Guard, shall, when ordered by the proper authority to active duty or service, be entitled to a leave of absence from such civil employment for the period of such active service without loss of status or efficiency rating and without loss of pay during the first thirty (30) days of such leave of absence.

H. School districts in this state may contract with outside providers for the training and employment of substitute teachers. The State Board of Education shall promulgate guidelines to assist school districts in the sanctioning and approval of an outside provider in accordance with this section.

Amount paid substitute teacher is maximum deductible from teacher’s salary for absence due to personal business in excess of number of days allotted. December 9, 1980 (AG Op. No. 80-247)

School district need not enter into a written contract with substitute teacher who teaches in excess of 35 days in a school year unless employed on monthly or annual basis. June 16, 1980 (AG Op. No. 80-112)

Compensation for substitute teacher is matter of agreement unless substitute is employed on monthly or annual basis then compensation must be the same as for regular teachers. June 16, 1980 (AG Op. No. 80-112)

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Section 144. Substitute Teachers - Military Leave for Teachers. (70 O.S. § 6-105)
(Effective November 1, 2012)

B. No substitute teacher shall be employed for a total period of time in excess of ninety (90) school days during a school year; or one hundred (100) school days during the school year if the substitute teacher holds a lapsed or expired certificate or has a bachelors level college degree; or no limit of school days during the school year if the substitute teacher holds a valid certificate. Each school district shall adopt a policy which sets forth the maximum number of days a substitute teacher may be employed for the same assignment if the substitute teacher does not hold a valid certificate.

C. Substitute teachers who do not hold a valid certificate and who are employed to teach special education for students with physical disabilities or students with mental retardation shall not be subject to the restrictions on total time a substitute teacher may be employed if no certified teachers are available to teach such students and the students would be denied instruction in special education if the substitute teacher were not employed. Beginning with the 2007-08 school year, any substitute teacher employed to teach special education for the same assignment for more than fifteen (15) consecutive or thirty (30) total school days during a school year who does not hold a valid certificate to teach special education shall be required to complete in-service training as prescribed by the State Board of Education. The training shall be provided at no cost to the substitute teacher. Availability of certified teachers shall be determined after the school has consulted the State Board of Education and any other resources for filling the vacant position with a certified teacher.

D. A school district may request a waiver of the restrictions on total time a substitute teacher may be employed from the State Board of Education for a substitute teacher who does not hold a valid certificate. The school district shall submit evidence on the availability of certified substitute teachers and the qualifications of the substitute teacher. The Board shall develop procedures for the filing and processing of substitute teacher waivers pursuant to this subsection.

E. Payment of salary to a substitute shall have no effect on the amount of salary to which the absent regular teacher is entitled under the applicable leave plan.

Amount paid substitute teacher is maximum deductible from teacher’s salary for absence due to personal business in excess of number of days allotted. December 9, 1980 (AG Op. No. 80-247)

School district need not enter into a written contract with substitute teacher who teaches in excess of 35 days in a school year unless employed on monthly or annual basis. June 16, 1980 (AG Op. No. 80-112)

Compensation for substitute teacher is matter of agreement unless substitute is employed on monthly or annual basis then compensation must be the same as for regular teachers. June 16, 1980 (AG Op. No. 80-112)

Section 145. Existing Agreements for Leave Benefits. (70 O.S. § 6-105A)

Nothing in this act shall be construed to annul, modify or to preclude the renewal or continuation of any existing agreement heretofore entered into between any school district and any organizational representative of its employees.

Section 146. Salary - Twelve Monthly Payments. (70 O.S. § 6-106)

Boards of education are hereby authorized to contract with and pay all teachers in their respective districts in twelve (12) monthly payments or fractional parts of the fiscal year, to be made on the basis of legal contracts between said board and teachers. Procedures for paying teachers shall be in accordance with any plan approved by the State Department of Education.

The aggregate amount of such salary payments in any fiscal year shall be as agreed upon by the board and the teacher. Under the terms of a contract for a ten-month school year as defined in Section 1-109 of this title and made in keeping with the provisions of this section, no duties shall be expected or required of the teacher in excess of one hundred ninety (190) days; provided, nothing herein shall be construed as prohibiting the making of contracts for school years of more than ten (10) months. Any district adopting this plan of payment may make it applicable to any or all teachers employed therein. Such plan shall be permissive rather than mandatory and may be discontinued at the close of any fiscal year.

All salaries paid in twelve (12) installments pursuant to the provisions of this section shall be for calendar months or fractional parts thereof.

Tenured teacher cannot be paid at beginning of month for services yet to be performed during the month. July 24, 1984 (AG Op. No. 84-87)

District can contract with vocational-technical teacher to perform duties for the duration of the vocational-technical program which may extend beyond 190 days. April 13, 1984 (AG Op. No. 83-247)

Teacher not employed on full time basis, with compensation payable in 12 monthly payments, is not entitled to first monthly payment until after end of first teaching month of school year. AG Op. June 22, 1961

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Section 146.1. Teacher Consultant Stipend Funding. (70 O.S. § 6-106.1)

If funds are appropriated to the State Board of Education for Mentor Teacher Stipends, the funds shall be distributed by the Board to the school districts to provide a stipend of not more than Five Hundred Dollars ($500.00) for each mentor teacher as defined in Section 6-182 of this title. In addition to the distribution of the five-hundred-dollar stipend, each district shall also receive the district’s contribution amount necessary to meet the Federal Insurance Contributions Act (F.I.C.A.) requirements.

Section 146.2. Direct Deposit. (70 O.S. § 6-106.2)

A. As used in this section:

1. “Direct deposit system” means a method of electronically transferring a payroll claim for an employee to a financial institution; and

2. “Employee” means any certified or support employee as defined in Section 26-103 of Title 70 of the Oklahoma Statutes employed by any school district in this state.

B. A school district board of education may adopt a policy implementing a direct deposit system for employees of the school district.

C. No school district which chooses to implement a direct deposit system may charge any employee of that school district any fee or assessment as a result of the implementation and administration of a direct deposit system.

Section 147. Violations. (70 O.S. § 6-107)

A. Except for employment of a director of a public developmental research school as authorized in Section 1210.577 of this title and except as provided for in Section 6-101 of this title, it shall be unlawful for a member of the board of education of a school district to employ, approve or vote for the employment of any person to perform services for the district unless the person employed holds a valid certificate of qualification issued in accordance with the rules of the State Board of Education to perform the services the person is employed to perform.

B. The State Department of Education shall require each person offered a position within the agency that requires working directly with children to furnish fingerprints to be used for a state and national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.

Section 148. Certificate of Qualification - Unlawful to Hold Position Without Required Certificate. (70 O.S. § 6-108)

Except for service as a director of a public developmental research school and service by a faculty member of a higher education institution affiliated with a public developmental research school as specifically authorized in this act and except as provided for in Section 6-101 of this title, it shall be unlawful for any person to serve, or to contract or agree to serve, as superintendent, elementary superintendent, principal, supervisor, librarian, school nurse, classroom teacher or other instructional, supervisory or administrative employee of a school district unless the person holds a valid certificate of qualification issued in accordance with the rules of the State Board of Education to perform the services the person performs or contracts or agrees to perform. The State Board of Education shall provide for the certification of elementary superintendents.

Section 149. Agents of School Authorities - Payment or Acceptance of Bribes. (70 O.S. § 6-110)

It shall be unlawful and a misdemeanor for any officer or employee of the State Board of Education, a member of a board of education, or other person acting as an agent of the State Board of Education or any board of education, or of any school teacher, or of any person or organization, to pay or accept any fee, commission or remuneration of any kind or character in payment for services rendered in securing positions for teachers in any of the public schools of this state.

Section 150. Gratuities or Rewards - Unlawful to Give. (70 O.S. § 6-111)

It shall be unlawful and a misdemeanor for any person to give, or agree or offer to give, any gratuity or reward in consideration that he or any other person shall be employed as a teacher in any public school of this state.

Section 151. Teachers - Gratuities or Rewards in Connection with Employment. (70 O.S. § 6-112)

It shall be unlawful and a misdemeanor for any person, directly or indirectly, to ask or receive, or promise to receive any gratuity or reward or promise of a gratuity or reward for employing another person as a teacher in any public school of this state or for procuring for another person employment as a teacher in any public school of this state.

School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article V: Teachers | Return to Top of Page

Section 152. (Omitted)

Note: Recodified as Sec. 1041.1 (21-650.7)

Section 153. Alternatives to Corporal Punishment. (70 O.S. § 6-113.1)

The State Department of Education shall provide each local board of education materials dealing with effective classroom discipline techniques as an alternative to the use of corporal punishment.

Determining reasonableness of punishment includes student’s age, sex, physical and mental condition, nature and motive of offense, whether force was degrading, and likelihood of permanent harm upon student. Holman v. Wheeler, 677 P.2d 645 (Okla. 1983)

Section 154. (Omitted)

Note: Recodified as Sec. 487.2 (70-24-100.4)

Section 155. Information Concerning Pupil. (70 O.S. § 6-115)

It shall be unlawful for any teacher to reveal any information concerning a student obtained by the teacher in their capacity as a teacher except as may be required in the performance of the contractual duties of the teacher or as otherwise required by law. The information may be provided to the parent or guardian of the student upon request or as otherwise required by law. Any violation of this section shall upon conviction be considered a misdemeanor.

School district can provide information concerning pupils as to participation in athletics and school activities, and winning of honors and awards. AG Op. July 20, 1972

Information concerning age and scholastic records may be provided to proper school and college officials or other organizations, at discretion of Board of Education. AG Op. July 20, 1972

Section 156. Alternate Certification Program. (70 O.S. § 6-122.3)

A. The State Board of Education shall grant an alternative placement teaching certificate to a person who makes application to the Board and meets all of the following criteria:

1. Holds at least a baccalaureate degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education and has attained a cumulative grade point average of not less than 2.50 on a 4.0 scale;

2. Has completed a major in a field that corresponds to an area of specialization for an Elementary-Secondary Certificate, a Secondary Certificate or a vocational-technical certificate;

3. Declares the intention to earn standard certification by means of an alternative placement program in not more than three (3) years. The State Board of Education shall determine the subject matter of the professional education component of an alternative placement program. The number of clock or semester hours required for the professional education component of an alternative placement program needed to qualify for standard certification shall be as follows:

a. baccalaureate degree, eighteen (18) semester hours or two hundred seventy (270) clock hours, or

b. postbaccalaureate degree, twelve (12) semester hours or one hundred eighty (180) clock hours.

The State Board of Education shall establish a core minimum of six (6) semester hours or ninety (90) clock hours for the professional education component.

The requirements set forth in this subsection shall exclude all student teaching requirements pursuant to the provisions of subsection E of this section;

4. Has passed the general education and subject area portions of the competency examination required in Section 6-187 of this title in the area of specialization for which certification is sought; and

5. Either presents a document from an accredited public school district in this state offering employment in the area of specialization for which certification is sought on condition that the person enroll in an alternative placement program approved by the State Board of Education or declares the intention to seek employment as a teacher at an accredited public school district in this state. The certificate granted pursuant to this subsection shall be considered a “valid certificate of qualification” for the purposes of Sections 6-107 and 6-108 of this title, and the holder of the certificate shall be considered a resident teacher for the purposes of Section 6-195 of this title.

B. An alternative placement teaching certificate shall be renewed for not more than a maximum of three (3) years upon presentation of a document from an accredited public school district in this state offering renewed employment in the same area of specialization and a document from a teacher education institution verifying satisfactory progress in an appropriate alternative placement program.

C. Persons enrolled in an alternative placement program shall:

1. Have never been denied admittance to a teacher education program approved by the Oklahoma State Regents for Higher Education, the North Central Association of Colleges and Schools and by the Oklahoma Commission for Teacher Preparation to offer teacher education programs, nor have enrolled in and subsequently failed courses necessary to successfully meet the minimum requirements of the program, except those persons who hold a certificate;

2. Have on file with the director of teacher education at an Oklahoma institution of higher education a plan for meeting standard certification requirements within three (3) years;

3. Participate in the Residency Program, established in Section 6-195 of this title and have the same duties and responsibilities as other resident teachers, except those persons who hold a certificate; and

4. Except for persons participating in the federal Troops To Teachers Program, document at least two (2) years of work experience which is related to the subject area of specialization if the person has only a baccalaureate degree with no postbaccalaureate work in a related area.

D. The State Board of Education may grant an exception to the requirements for licensure and certification and, upon demonstration by an individual of specific competency in the subject area of specialization, may grant a license or certificate to the individual. The State Board may establish other requirements necessary to grant exceptions.

E. Student teaching and a prestudent teaching field experience shall not be required of alternative placement program participants for standard certification.

F. The State Board of Education shall promulgate rules authorizing adjunct teachers who shall be persons with distinguished qualifications in their field. Adjunct teachers shall not be required to meet standard certification. Adjunct teachers shall be limited to ninety (90) clock hours of classroom teaching per semester.

G. Each teacher education institution shall provide the Oklahoma Commission for Teacher Preparation an annual report of information as specified by the Commission regarding participation in the alternative placement programs offered by the Institution.

H. The Oklahoma Commission for Teacher Preparation shall not accredit, renew the accreditation of, or otherwise approve any teacher education program of any institution of higher education in this state that has not implemented alternative placement programs in at least four areas of specialization, including mathematics, science and a foreign language. Each institution shall allow individuals who meet the criteria of subsections A and C of this section to be:

1. Admitted to an alternative placement program without further qualification; and

2. Offered the opportunity to complete the requirements for standard certification set forth in subsection A of this section during the summer preceding and the summer following the first year of teaching with an alternative placement teaching certificate. Any person seeking standard certification through an alternative placement program shall be permitted to take necessary courses during regular semesters if offered.

I. The criteria specified in subsection H of this section can be met through a cooperative arrangement entered into by two or more institutions of higher education.

An individual seeking Alternative Placement certification is required to pass the competency examination prior to receipt of an Alternative Placement teaching certificate. Such an individual may also be required to undergo assessment by the Teacher Competency Review Panel prior to receipt of an Alternative Placement teaching certificate. September 23, 1999 (AG Op. No. 99-63)

School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article V: Teachers | Return to Top of Page

Section 156. Alternate Certification Program. (70 O.S. § 6-122.3)
(Effective November 1, 2012)

A. The State Board of Education shall grant an alternative placement teaching certificate to a person who makes application to the Board and meets all of the following criteria:

1. Holds at least a baccalaureate degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education and has attained a retention grade point average of not less than 2.50 on a 4.0 scale;