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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 62 By: Bergstrom
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3-129.11, which relates to the School
District Empowerment Program; updating statutory
language and references; removing language requiring
participating school districts to make certain
payroll deductions; removing obsolete language;
amending 70 O.S. 2021, Section 5-139, which relates
to school employee payroll deductions; prohibiting
school districts from making school employee payroll
deductions for professional organization dues and
political contributions; 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. 2021, Section 3-129.11, is
amended to read as follows:
Section 3-129.11. 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 district board of education members to govern
school districts and make decisions based on the needs of their
students and circumstances.
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B. 1. Subject to the provisions of this section, a school
district shall be allowed to submit a request to the State Board of
Education for an exemption 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. Any request for
exemption shall include a plan which outlines the goals sought to be
achieved at a minimum, include the educational and fiscal benefits,
and the anticipated impacts or outcomes the plan will have in the
district.
2. Within ninety (90) days after receiving the request and
plan, the State Board of Education shall approve or disapprove the
request. If the State Board does not approve the request, it shall
provide to the school district a written explanation of the basis
for its decision. The school district may resubmit an amended
request at any time after the denial. The request shall be approved
by the State Board before implementation by the school district. An
approved request and plan shall be for no longer than three (3)
years. Prior to the beginning of the third year, the school
district may apply for renewal of the approved request and plan.
The school district shall be required to submit an annual report and
the State Board shall annually assess the academic achievement and
fiscal status of the school district.
C. Nothing in this section shall prevent a school district
board of education from choosing to follow any or all state laws,
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rules, or regulations from which a charter school is exempt. A
school district which has been granted approval by the State Board
for exemption as set forth in subsection B of this section 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 State Board administrative rule, but a
participating school 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
this title;
2. School districts shall comply with the requirements of the
minimum salary schedule for teachers as set forth in Section 18-
114.12 18-114.15 of this title;
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 this title;
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 this title and to establish or make
available to school district employees a cafeteria plan as set forth
in Section 26-104 of this title;
5. School districts shall require any person employed by the
school district to file with the district board of education a
current Oklahoma criminal history record check from the Oklahoma
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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 this title;
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 this title, the dismissal and due process procedures for
administrators as set forth in Sections 6-101.13 through 6-101.15 of
this title and the due process procedures for teachers as set forth
in Sections 6-101.21 through 6-101.26 of this title;
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 this title;
8. School districts shall comply with the dismissal and due
process procedures for education support employees as set forth in
Sections 6-101.40 through 6-101.47 of this title;
9. 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 by the State Board of Education
in accordance with the Oklahoma Teacher Preparation Act, except for
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persons exempt from the certification requirements as otherwise
provided by law;
10. 9. School districts shall provide for negotiations between
school employees and school districts as set forth in Sections 509.1
through 509.11 of this title;
11. 10. 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 this title;
12. 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 this title; and
13. 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
this title.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-139, is
amended to read as follows:
Section 5-139. School districts shall make be prohibited from
making payroll deductions for either or both professional
organization dues and political contributions at the written request
of any school employee and shall transmit deducted funds to the
organization designated by the school district employee. Such
deductions shall be on a ten-month basis unless otherwise designated
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by the employee organization. However, a school employee may
request at any time in writing, including by email or fax, for the
school district to immediately terminate or initiate payroll
deductions to a professional organization. Upon receipt of any
written request, the school district shall within five (5) business
days or by the next pay period, whichever is earlier, terminate or
initiate any future payroll deductions of the requesting school
employee to a professional organization. Upon receipt of a written
request, the school district shall notify the professional
organization of the initiation or termination of payroll deductions
within fifteen (15) business days. If the request is to terminate a
deduction, the school district shall not make any advance payments
to any professional organization of any future dues on behalf of the
school employee. No school district policy or negotiated agreement
shall place any other conditions or requirements, including but not
limited to personal hand delivery, upon any employee to initiate or
terminate any payroll deduction to a professional organization
except for a written request as outlined in this section. Any
school district policy or provision in a negotiated agreement that
places additional conditions or requirements on initiation or
termination beyond those outlined in this section shall be null and
void. A school district which fails to terminate payroll deductions
for an employee in accordance with this section shall immediately
reimburse the employee the amount of all payroll deductions made by
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the school district after the employee’s request, and the amount due
the employee shall double every thirty (30) days until paid in full.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. 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.
60-1-570 EB 1/19/2025 5:40:10 AM