ENROLLED SENATE
BILL NO. 834	By:	Ford, Marlatt and Russell of the Senate

				and

			Jones of the House

An Act relating to schools; establishing the School District Empowerment Program; stating purpose; exempting certain districts from certain statutory requirements and rules; granting school districts certain options; specifying certain requirements participating school districts shall comply with; identifying districts for participation and implementation of program; specifying method of selection of remaining districts and timeline for implementation; specifying certain categories of school districts; amending 70 O.S. 2001, Section 6-101.3, as amended by Section 8, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2008, Section 6-101.3), which relates to definitions for teacher contracts; modifying certain definitions; amending 70 O.S. 2001, Sections 6-101.26, as last amended by Section 2, Chapter 112, O.S.L. 2006 and 6-101.27 (70 O.S. Supp. 2008, Section 6-101.26), which relate to the Teacher Due Process Act of 1990; making the career teacher pretermination hearing process apply to certain career teachers; making the teacher hearing process apply to certain career teachers; making the right to a trial de novo apply to certain career teachers; providing for codification; and providing an effective date.

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

SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 3-129 of Title 70, unless there is created a duplication in numbering, reads as follows:

A.  There is hereby established the School District Empowerment Program which shall be administered by the State Board of Education.  The purpose of the program is to empower locally elected school board members to govern school districts and make decisions based on the needs of their students and circumstances.

B.  Except as otherwise provided for in this subsection, a school district identified by the State Board of Education for participation in the School District Empowerment Program shall be exempt from all statutory requirements and State Board of Education rules from which charter schools are exempt as provided for in the Oklahoma Charter Schools Act.  Nothing in this section shall prevent a school district board of education from choosing to follow any or all state laws, rules, or regulations from which a charter school is exempt.  A participating school district shall have the option to adopt policies to implement any requirement for the school district that is consistent with any statutory requirement or mandate or Board rule, but a participating school district shall comply with the following requirements:

1.  Students who reside in the school district shall be entitled to attend school in the district as set forth in Section 1-114 of Title 70 of the Oklahoma Statutes;

2.  School districts shall comply with the requirements of the minimum salary schedule for teachers as set forth in Section 18-114.12 of Title 70 of the Oklahoma Statutes;

3.  Employees of school districts shall continue to participate as members of the Teachers’ Retirement System of Oklahoma as set forth in Section 17-101 et seq. of Title 70 of the Oklahoma Statutes;

4.  School districts shall comply with the requirement to provide a health insurance plan for school district employees as set forth in Section 5-117.5 of Title 70 of the Oklahoma Statutes and to establish or make available to school district employees a cafeteria plan as set forth in Section 26-104 of Title 70 of the Oklahoma Statutes;

5.  School districts shall require any person employed by the school district to file with the district board a current Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes.  Each district shall adopt a policy regarding criminal history record checks as set forth in Section 5-142 of Title 70 of the Oklahoma Statutes or Section 5-142.1 of Title 70 of the Oklahoma Statutes, as applicable;

6.  School districts shall comply with the requirement to evaluate teachers and to train personnel designated to conduct personnel evaluations as set forth in Sections 6-101.10 and 6-101.11 of Title 70 of the Oklahoma Statutes, the dismissal and due process procedures for administrators as set forth in Sections 6-101.13 through 6-101.15 of Title 70 of the Oklahoma Statutes, and the due process procedures for teachers as set forth in Sections 6-101.21 through 6-101.26 of Title 70 of the Oklahoma Statutes.  A career teacher shall have a right to an administrative hearing as set forth in Section 6-101.26 of Title 70 of the Oklahoma Statutes but shall not have the right to a trial de novo in district court as stated in Section 6-101.26 of Title 70 of the Oklahoma Statutes and as set forth in Section 6-101.27 of Title 70 of the Oklahoma Statutes;

7.  School districts shall comply with the requirement to make payroll deductions for either or both professional organization dues and political contributions upon the request of an employee as set forth in Section 5-139 of Title 70 of the Oklahoma Statutes;

8.  School districts shall employ as teachers, counselors, librarians, school nurses, superintendents, principals, supervisors, or any other instructional, supervisory or administrative employee, only those persons who are certified or licensed by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except for persons exempt from the certification or licensure requirements as otherwise provided by law;

9.  School districts shall be required to offer and students enrolled in the school district shall be required to complete the curriculum requirements as set forth in Section 11-103.6 of Title 70 of the Oklahoma Statutes;

10.  Students enrolled in the school district shall be required to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of Title 70 of the Oklahoma Statutes; and

11.  Members of the school district board of education shall be required to satisfy the instruction and continuing education requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of Title 70 of the Oklahoma Statutes.

C.  School districts which include a school that has been identified for school improvement for the 2009-2010 school year by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C., Section 6301 et seq., shall be identified for participation in the School District Empowerment Program and shall implement the program beginning in the 2010-2011 school year.

D.  By September 30, 2010, the State Board of Education shall adopt during an open meeting a five-year implementation schedule for participating school districts that provides for all school districts to be participating by the fifth year.  For the implementation schedule, the Board shall randomly select twenty percent (20%) of the school districts, excluding school districts identified pursuant to subsection C of this section, from each of the following categories for implementation each school year beginning with the 2011-2012 school year through the 2015-2016 school year:

1.  Districts with an Average Daily Membership (ADM) of less than two hundred fifty (250);

2.  Districts with an ADM of less than five hundred (500) and greater than or equal to two hundred fifty (250);

3.  Districts with an ADM of less than two thousand (2,000) and greater than or equal to five hundred (500); and

4.  Districts with an ADM of two thousand (2,000) or more.

SECTION 2.     AMENDATORY     70 O.S. 2001, Section 6-101.3, as amended by Section 8, Chapter 434, O.S.L. 2003 (70 O.S. Supp. 2008, Section 6-101.3), is amended to read as follows:

Section 6-101.3  As used in Section 6-101 et seq. of this title:

1.  "Administrator" means a duly certified person who devotes a majority of time to service as a superintendent, elementary superintendent, principal, supervisor, vice principal or in any other administrative or supervisory capacity in the school district;

2.  "Dismissal" means the discontinuance of the teaching service of an administrator or teacher during the term of a written contract, as provided by law;

3.  "Nonreemployment" means the nonrenewal of an administrator's or teacher's contract upon expiration of the contract;

4.  "Career teacher" means a teacher who has completed three (3) or more consecutive complete school years in such capacity in one school district under a written teaching contract;

5.  "Probationary teacher Teacher hearing" means the hearing before a local board of education after a recommendation for dismissal or nonreemployment of a probationary teacher or a career teacher employed by a school district participating in the School District Empowerment Program as provided for in Section 1 of this act has been made but before any final action is taken on said recommendation, held for the purpose of affording such the teacher all rights guaranteed by the United States Constitution and the Constitution of Oklahoma under such circumstances and for enabling the board to determine whether to approve or disapprove the recommendation;

6.  “Career teacher pretermination hearing” means the informal proceeding before the local board of education held for the purpose of providing a meaningful opportunity to invoke the discretion of the decision maker after a recommendation for dismissal or nonreemployment of a career teacher employed by a school district that is not participating in the School District Empowerment Program as provided for in Section 1 of this act has been made but before any final action is taken on the recommendation in order to ensure that the career teacher is afforded the essential pretermination due process requirements of notice and an opportunity to respond;

7.  "Probationary teacher" means a teacher who has completed fewer than three (3) consecutive complete school years in such capacity in one school district under a written teaching contract;

8.  "Suspension" or "suspended" means the temporary discontinuance of an administrator's or teacher's services, as provided by law; and

9.  "Teacher" means a duly certified or licensed person who is employed to serve as a counselor, librarian or school nurse or in any instructional capacity; an administrator shall be considered a teacher only with regard to service in an instructional, nonadministrative capacity.

SECTION 3.     AMENDATORY     70 O.S. 2001, Section 6-101.26, as last amended by Section 2, Chapter 112, O.S.L. 2006 (70 O.S. Supp. 2008, Section 6-101.26), is amended to read as follows:

Section 6-101.26  A.  Whenever a board of education receives a recommendation from the superintendent for the dismissal or nonreemployment of a teacher, the board or individual designated by the board shall mail a copy of the recommendation to the teacher by certified mail, restricted delivery, return receipt requested, by personal delivery to the teacher with a signed acknowledgement of receipt, or by delivery by a process server.  By the same means, the board shall notify the teacher of the right to a hearing before the board and the date, time and place set by the board for the hearing, which shall be held within the school district not sooner than twenty (20) days or later than sixty (60) days after receipt of notice by the teacher, the date on the personal receipt by hand-delivery to the teacher, or the date of delivery by a process server.  The notice shall specify the statutory grounds upon which the recommendation is based upon for a career teacher or shall specify the cause upon which the recommendation is based upon for a probationary teacher.  The notice shall also specify the underlying facts supporting the recommendation.  At the hearing, the teacher shall be entitled to all rights guaranteed under the circumstances by the United States Constitution and the Constitution of Oklahoma.

B.  The career teacher pretermination hearing for career teachers employed by a school district that is not participating in the School District Empowerment Program as provided for in Section 1 of this act shall be conducted by the district board as follows:

1.  The superintendent or designee shall, in person or in writing, specify the statutory ground upon which the recommendation is based.  The superintendent or designee shall also specify the underlying facts and provide an explanation of the evidence supporting the recommendation for the dismissal or nonreemployment of the career teacher; and

2.  The career teacher or designee shall have the opportunity to present reasons, either in person or in writing, why the proposed action should not be taken.

C.  Only after the career teacher employed by a school district that is not participating in the School District Empowerment Program as provided for in Section 1 of this act has a meaningful opportunity to respond to the recommendation for dismissal or nonreemployment at the pretermination hearing shall the board decide whether to accept or reject the recommendation of the superintendent.  The vote made by the board shall be made in an open meeting.  The board shall also notify the career teacher of a nonparticipating school district of its decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested or substitute process as provided by law.  If the decision is to accept the recommendation of the superintendent, the board shall include notification of the right of the career teacher of a nonparticipating school district to petition for a trial de novo in the district court within ten (10) days of receipt of notice of the decision.  At the pretermination hearing the burden of proof shall be upon the superintendent or designee and the standard of proof shall be by the preponderance of the evidence.  The career teacher of a nonparticipating school district shall receive any compensation or benefits to which such teacher is otherwise entitled until such time as the teacher's case is adjudicated at a trial de novo if the career teacher petitions for the trial de novo.  Such compensation and benefits shall not be provided during any further appeal process.

D.  The probationary teacher hearing for probationary teachers and career teachers employed by a school district participating in the School District Empowerment Program as provided for in Section 1 of this act shall be conducted by the district board according to procedures established by the State Board of Education.

E.  Only after due consideration of the evidence and testimony presented at the hearing shall the district board decide whether to dismiss or nonreemploy the probationary teacher or career teacher of a participating school district.  The vote of the board shall be made in an open meeting.  The board shall also notify the probationary teacher or career teacher of a participating school district of the decision, including the basis for the decision, by certified mail, restricted delivery, return receipt requested, or substitute process as provided by law.  The decision of the board regarding a probationary teacher or a career teacher of a participating school district shall be final and nonappealable.  At the hearing the burden of proof shall be upon the superintendent or designee, and the standard of proof shall be by the preponderance of the evidence.  The probationary teacher or career teacher of a participating school district shall receive any compensation or benefits to which the teacher is otherwise entitled until such time as the decision of the board becomes final.  If the hearing for a probationary teacher or career teacher of a participating school district is for nonreemployment, such compensation and benefits may be continued only until the end of the current contract of the teacher.

SECTION 4.     AMENDATORY     70 O.S. 2001, Section 6-101.27, is amended to read as follows:

Section 6-101.27  A.  A career teacher employed by a school district that is not participating in the School District Empowerment Program as provided for in Section 1 of this act shall be entitled to a trial de novo in the district court of the county in which the school district is located.  Within ten (10) days of receipt of the board's notification of said teacher's right to a trial de novo, the teacher shall file a petition for a trial de novo.

Upon filing the petition, the court clerk shall issue a summons and cause service by mail to be made to the clerk of the local board of education by certified mail, restricted delivery with return receipt requested or substitute process as provided by law.

B.  If, within the ten‑day period, the career teacher fails to file a petition for a trial de novo concerning the teacher's dismissal or nonreemployment, the teacher shall be deemed to have waived the right to a trial de novo and the initial determination of the board shall be final.

C.  The local school board shall serve its answer within twenty (20) days of the service of summons and petition upon it.  The trial de novo shall be scheduled at the earliest possible date which will permit both parties adequate time to prepare for a just trial of the issues involved, provided however, said trial de novo shall be scheduled and held not less than ten (10) days and no later than thirty (30) days after the answer has been filed.

D.  Except as otherwise provided specifically in this section, the law generally applicable to civil suits filed in district court shall apply to the proceedings for trial de novo under this section.  At the trial de novo the standard of proof shall be by the preponderance of the evidence and the burden of proof shall be on the district superintendent or designee, as representative of the local board of education, to establish de novo that the teacher's dismissal or nonreemployment is warranted.  The trial de novo shall proceed as a nonjury trial before the court.  The court shall determine de novo all issues of fact and law necessary for full adjudication of the dispute at the trial.  The court shall not, by applying principles of collateral estoppel or res adjudicata or otherwise, give preclusive effect to findings of fact or determinations of the board with regard to the issues necessary to determine the adequacy of the dismissal or nonreemployment of the teacher in the trial de novo.  Within three (3) days following the conclusion of the trial de novo, the judge shall prepare written findings of fact and conclusions of law and shall enter judgment directing either of the following:

1.  That the local board of education reinstate the career teacher with full employment status and benefits; or

2.  That the decision of the local board of education for the dismissal or nonreemployment of the career teacher be sustained.

In addition, the court may enter an order awarding the prevailing party attorneys fees and costs.

E.  The time limits set forth in this section for the proceedings before the district court may be extended by mutual agreement of the parties with the approval of the district court.

F.  The decision of the district court shall be final and binding upon the teacher and the board of education unless the teacher or the board of education appeals the decision of the district court in the manner provided by law for the appeal of civil cases from the district court.

SECTION 5.  This act shall become effective September 1, 2009.

Passed the Senate the 29th day of April, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the 15th day of April, 2009.

	
Presiding Officer	of the House
	of Representatives