ENROLLED HOUSE
BILL NO. 2854	By:	Inman, Kern, Proctor, Hoskin and Hilliard of the House

			  and

		Laster of the Senate

An Act relating to schools; amending 70 O.S. 2001, Section 6-105, as amended by Section 2, Chapter 278, O.S.L. 2006 (70 O.S. Supp. 2009, Section 6-105), which relates to substitute teachers; modifying the number of school days a substitute teacher may be employed during a school year; and providing an effective date.  

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

SECTION 1.     AMENDATORY     70 O.S. 2001, Section 6-105, as amended by Section 2, Chapter 278, O.S.L. 2006 (70 O.S. Supp. 2009, Section 6-105), is amended to read as follows:

Section 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 seventy (70) 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.

SECTION 2.  This act shall become effective November 1, 2010. 

Passed the House of Representatives the 1st day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 6th day of April, 2010.

	
Presiding Officer of the Senate