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ENGROSSED SENATE
BILL NO. 409 By: Pugh of the Senate
and
Caldwell (Chad) of the
House
[ length of the school year - amount appropriated -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-109, is
amended to read as follows:
Section 1-109. A. For Except as provided for in subsection L
of this section, for all public schools in Oklahoma, school shall
actually be in session and classroom instruction offered:
1. For not less than one hundred eighty (180) days; or
2. For not less than one thousand eighty (1,080) hours each
school year, if a district board of education adopts a school-hours
policy and notifies the State Board of Education prior to October 15
of the applicable school year; or
3. Beginning with the 2021-2022 school year, for not less than
one thousand eighty (1,080) hours with a minimum of one hundred
sixty-five (165) days of instruction each school year, if a district
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board of education adopts a school-hours policy and notifies the
State Board of Education prior to October 15 of the applicable
school year; or
4. Beginning with the 2021-2022 school year, for not less than
one thousand eighty (1,080) hours each school year, if a district
board of education adopts a school-hours policy, notifies the State
Board of Education prior to October 15 of the applicable school
year, and meets the requirements established by the State Board of
Education pursuant to subsection H of this section.
B. A school district may not count more than thirty (30) hours
each school year that are used for attendance of professional
meetings toward the one hundred eighty (180) days or one thousand
eighty (1,080) hours of classroom instruction time required in
subsection A of this section.
C. Teachers off contract with an employing district shall not
be required by the employing school district to attend professional
meetings unless the teacher is paid additional compensation for the
additional time. Teachers may be paid additional compensation for
attending professional meetings in excess of their contract term.
Subject to district board of education policy or collective
bargaining agreement, additional paid professional days may be
granted for individual teachers to attend or participate in
professional meetings, staff development training, or National Board
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certification portfolio development as provided for in Section 6-
204.2 of this title.
D. A school district may authorize parent-teacher conferences
to be held during a regular school day. If authorized by the school
district, parent-teacher conferences shall be counted as classroom
instruction time for no more than six (6) hours per semester, for a
total of twelve (12) hours per school year.
E. A school district may maintain school for less than a full
school year only when conditions beyond the control of school
authorities make the maintenance of the term impossible and the
State Board of Education has been apprised and has expressed
concurrence in writing.
F. The State Board of Education shall establish criteria for an
extended-day schedule for schools subject to paragraph 1 of
subsection A of this section. The criteria shall:
1. Prescribe a lengthened school day within limits determined
not to be detrimental to quality instruction;
2. Ensure that the schedule is equivalent in annual hours of
instruction to the one-hundred-eighty-day school year specified in
paragraph 1 of subsection A of this section; and
3. Be consistent with the provisions of this section and
Sections 1-111 and 1-112 of this title, but may result in fewer
annual days of instruction.
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G. Notwithstanding the provisions of subsection F of this
section, a school district board of education subject to paragraph 1
of subsection A of this section may adopt and implement an extended-
day schedule subject to the following requirements:
1. The annual number of hours of instruction shall equal or
exceed one thousand eighty (1,080) hours, which is the equivalent of
one hundred eighty (180) days of instruction as specified in
subsection A of this section for six (6) hours each day as specified
in Section 1-111 of this title;
2. The annual number of days of instruction shall equal or
exceed one hundred eighty (180) days as specified in subsection A of
this section;
3. The schedule adopted shall be consistent with the provisions
of Sections 1-111 and 1-112 of this title, except that for not more
than one (1) day per week, a school day shall consist of not less
than five (5) hours devoted to academic instruction in a regular
classroom setting;
4. The district shall hold a public hearing prior to the
adoption of an extended-day schedule authorized pursuant to this
subsection; and
5. The district shall document the impact on student
achievement as determined by the academic performance data score and
any other relevant factors that are a result of implementation of an
extended-day schedule authorized pursuant to this subsection and
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provide an annual report to the State Board of Education of the
results. If improvement in student achievement cannot be documented
in the report, the district board of education shall revoke
authorization as provided by this subsection. If the district board
of education does not revoke authorization after student achievement
is not documented in the report, the State Board of Education may
deny accreditation of any school in violation of this subsection.
H. Beginning with the 2021-2022 school year, a school district
board of education may adopt a school-hours policy as provided for
by paragraph 4 of subsection A of this section only if it meets or
exceeds the minimum guidelines for student performance and school
district cost savings established by the State Board of Education.
The State Board of Education shall promulgate rules, subject to
approval by the Legislature, establishing the minimum guidelines for
student performance and school district cost savings.
I. If subject to paragraph 2 of subsection A of this section, a
district board of education or designee may elect to close a school
during the school day for inclement weather purposes. In such an
event, the number of hours incurred in classroom instruction time
prior to school closure shall be counted toward the one thousand
eighty (1,080) hours per year requirement.
J. Nothing in this section shall be construed as affecting the
right of an employing school district to require teachers as defined
in Section 6-101.3 of this title to work in excess of the one
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thousand eighty (1,080) hours required for student instruction. In
addition, nothing in this section shall be construed to affect the
Fair Labor Standards Act status of any school district employee.
K. The provisions of this section shall not prohibit the
Oklahoma School for the Blind or the Oklahoma School for the Deaf
from adopting an alternative school-hours policy if the Oklahoma
School for the Blind or the Oklahoma School for the Deaf notifies
and receives approval from the State Board of Education prior to
October 15 of the applicable school year.
L. Beginning July 1, 2025, and at the beginning of each
succeeding state fiscal year, if the amount of money appropriated to
the State Board of Education for the financial support of public
schools in such fiscal year is at least Twenty-five Million Dollars
($25,000,000.00) greater than the amount of money appropriated to
the State Board of Education for the financial support of public
schools for the prior fiscal year, school districts in this state
shall be in session and classroom instruction shall be offered for
an additional day.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or 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.
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Passed the Senate the 17th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives