STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 2310	By:	Ford

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2001, Section 5-113.1, as amended by Section 2, Chapter 253, O.S.L. 2009 (70 O.S. Supp. 2009, Section 5-113.1), which relates to employment and board member relations; prohibiting employment of persons with certain relationship with certain school administrator; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 5-113.1, as amended by Section 2, Chapter 253, O.S.L. 2009 (70 O.S. Supp. 2009, Section 5-113.1), is amended to read as follows:
Section 5-113.1  A.  Except as otherwise provided in this section, no person may be employed or put under contract by a school district if that person is related to a member of the board of education of that school district within the second degree of consanguinity or affinity.  A teacher or employee already under contract to or otherwise employed by the school district at the time the relationship is established may continue in said employment.  Except as otherwise provided, a board member already serving at the time the relationship is established may serve out the term for which the member was elected but shall not be eligible to be a candidate for or serve successive terms of office for which the member may be elected.
B.  The provisions of this section shall not prevent a board member from serving successive terms of office if otherwise eligible under the provision of Section 5-113 of this title.  No member of the board of education who has resigned from the board before the term of the person has expired may be reappointed to the board to complete the remainder of the term if a teacher or employee related to the resigned member of the board within the second degree of consanguinity or affinity was put under contract or otherwise employed by the school district after the board member resigned.
C.  The provisions of this section shall not prevent a person who is related to a member of the board of education within the second degree of consanguinity or affinity from being employed by the school district as a substitute teacher pursuant to the provisions of Section 6-105 of this title or as a temporary substitute support employee if the school district has an Average Daily Membership (ADM) of less than five thousand (5,000).
D.  Any member of a board of education who is related to a teacher or other employee of the district within the second degree of consanguinity or affinity shall not attend or participate in any regular or executive session of the board held to consider any personnel matter or litigation relating to said teacher or employee.  The member may vote on collective bargaining agreements or the renewal of contracts as a group if the vote is necessary to form a quorum of the board of education members.  If more than one member of the board of education is related to a teacher or employee, only the minimum number of those members which is necessary to form a quorum shall be allowed to vote.  Each board of education so affected shall adopt a written policy establishing procedures on when such a member may vote on the renewal of contracts or collective bargaining agreements.
E.  Any member of a board of education who violates the provisions of this section shall be subject to the penalties prescribed by Sections 485 and 486 of Title 21 of the Oklahoma Statutes.
F.  No person may be employed or put under contract by a school district if that person is a spouse, child, or parent of an administrator employed by the school district who is in a supervisory position over the employee.
SECTION 2.  This act shall become effective July 1, 2010.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-2-3270	KM	1/14/2010 9:19:56 PM