(1ST EXTRAORDINARY SESSION)
ENROLLED HOUSE
BILL NO. 1010	By:	Shannon, Stiles, Ritze, Cockroft, Nollan and Wright of the House

				and

		Bingman, Sykes, Jolley and Shortey of the Senate

An Act relating to schools; repealing 70 O.S. 2011, Section 6-101.7, which relates to restrictions on attorneys involved in due process hearings; providing restrictions on attorneys involved in due process hearings; providing for codification; and declaring an emergency.

SUBJECT:  Attorney restrictions in education due process hearings

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     REPEALER     70 O.S. 2011, Section 6-101.7, is hereby repealed.

SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6-101.8 of Title 70, unless there is created a duplication in numbering, reads as follows:

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.

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.

Passed the House of Representatives the 5th day of September, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 9th day of September, 2013.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________