STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 534	By:	Ford

AS INTRODUCED

An Act relating to school employment; amending 70 O.S. 2001, Section 6-101.22, as last amended by Section 10, Chapter 291, O.S.L. 2010 (70 O.S. Supp. 2010, Section 6-101.22), which relates to the Teacher Due Process Act of 1990; modifying grounds for the dismissal or nonreemployment of a career teacher; adding grounds for the dismissal or nonreemployment of a career teacher; deleting certain grounds for dismissal or nonreemployment of a career teacher; amending 70 O.S. 2001, Section 6-101.24, as amended by Section 11, Chapter 291, O.S.L. 2010 (70 O.S. Supp. 2010, Section 6-101.24), which relates to poor performance; modifying grounds for recommendation for dismissal; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 6-101.22, as last amended by Section 10, Chapter 291, O.S.L. 2010 (70 O.S. Supp. 2010, 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 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 including, but not limited to:
a.	an act of dishonesty,
b.	sexual harassment of a student or another school district employee, or
c.	threats to inflict bodily harm on a student, patron of the school district, or school district employee.
For purposes of this paragraph, the application of corporal punishment in compliance with school district policy shall not be considered the commission of am act of moral turpitude; or
8.  Abandonment of contract;
9.  Insubordination including, but not limited to, failure to comply with a reasonable directive from administration of the school district of which the teacher is aware;
10.  Failure to comply with the standards of conduct for teachers as adopted by the State Board of Education which is deemed to interfere with the continued performance of the duties of the teacher; or
11.  Failure to comply with the policies of the school district.
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 of this act 6-101.16 of this title 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 five-year 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.
D.  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.
SECTION 2.     AMENDATORY     70 O.S. 2001, Section 6-101.24, as amended by Section 11, Chapter 291, O.S.L. 2010 (70 O.S. Supp. 2010, Section 6-101.24), is amended to read as follows:
Section 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 6-101.16 of this title 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 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.

SECTION 2.  This act shall become effective July 1, 2012.

53-1-859	ALM	1/19/2011 10:49:31 AM