STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

HOUSE BILL 2594	By:	Holland

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2011, Section 6-101.22, which relates to the grounds for dismissal or nonreemployment of a teacher; changing requirement to dismiss or nonreemploy a teacher for receiving a certain evaluation rating; 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. 2011, Section 6-101.22, is amended to read as follows:
Section 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.
C.  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 6-101.16 of this act title for two (2) consecutive school years shall may 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 may 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 five-year period shall may 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.
D.  1.  A probationary teacher who has been rated as “ineffective” as measured pursuant to the TLE for two (2) consecutive school years shall may 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 may 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.
SECTION 2.  This act shall become effective July 1, 2012.
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.

53-2-8792	KB	12/21/11