An act relating to school employees, the official text

1                   STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 1204              By: Mann of the Senate
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4                                                  and

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5                                  Gise of the House

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7                   AS INTRODUCED

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8   An Act relating to school employees; amending 70 O.S.

8   2021, Section 6-104, as amended by Section 2, Chapter

9   57, O.S.L. 2025 (70 O.S. Supp. 2025, Section 6-104),

9   which relates to sick leave for teachers and support

10  personnel; requiring school districts to grant

10  certain amount of paid bereavement leave to certain

11  teachers and school support employees; directing

11  bereavement leave to be in addition to certain leave

12  due to miscarriage; prohibiting certain leave from

12  negating certain negotiated leave policies; updating

13  statutory language; providing an effective date; and

13  declaring an emergency.

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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 6-104, as

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18 amended by Section 2, Chapter 57, O.S.L. 2025 (70 O.S. Supp. 2025,
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19 Section 6-104), is amended to read as follows:
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20  Section 6-104. A. 1. The board of education of each school

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21 district in the state shall provide for sick leave for all teachers
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22 employed in the district and shall pay such teachers the full amount
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23 of their contract salaries during any absence from their regular
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24 school duties for a period of time and under such conditions as the
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    Req. No. 2435                                              Page 1
 1 board may determine, but not less than the minimum benefits
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 2 hereafter specified. Payment for sick leave shall be made on the
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 3 basis of the current salary rate then in effect for the teacher
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 4 receiving the payment. Unless otherwise provided in Section 6-104.8
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 5 of this title, the plan shall provide that a teacher may be absent
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 6 from his or her duties due to personal accidental injury, illness or
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 7 pregnancy, or accidental injury or illness in the immediate family
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 8 without the loss of salary for not to exceed ten (10) days during
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 9 each school year, except that said such absence without loss of
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10 salary for teachers employed on an eleven-month contract shall not
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11 exceed eleven (11) days during each school year and for those
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12 teachers employed on a twelve-month contract shall not exceed twelve
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13 (12) days during each school year, if said such contract is for the
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14 work period, and not merely for pay purposes. The right to such
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15 leave shall vest at the beginning of the school year. Each school
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16 district shall provide for all teachers a minimum of three (3) days
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17 for personal business leave, upon the request of the teacher.
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18 Salary deductions for such leave shall not exceed the salary level
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19 for substitute teachers. Provided further, that these terms for
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20 personal business leave shall not negate any locally negotiated
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21 leave policies which exceed the minimum benefits stated above set
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22 forth in this subsection. Each school district may provide not more
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23 than five (5) days each year for emergency leave. Each school
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24 district will shall determine the purposes for which emergency leave
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Req. No. 2435  Page 2
1 can be used. Those days shall not be chargeable to sick leave and
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2 will shall be noncumulative. Unused sick leave shall be cumulative
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3 up to a total of sixty (60) days, and cumulative sick leave shall be
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4 transferable to another school district or to the Oklahoma School
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5 for the Blind or the Oklahoma School for the Deaf where the teacher
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6 is employed the next succeeding school year, provided that the
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7 number of days transferred shall not exceed the maximum days
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8 permitted by the receiving school and that such transferred days
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9 shall be used first in case of illness and, provided further, that
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10 if the receiving school pays teachers for unused sick leave upon
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11 retirement or termination of contract, then said such payments shall
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12 be for only those days accumulated in the receiving school. The
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13 school board of education of the sending school district shall
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14 certify the exact number of days eligible for transfer.
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15  2. If a teacher is employed at the Oklahoma School for the

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16 Blind or the Oklahoma School for the Deaf after July 1, 2017, any
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17 unused sick leave up to a total of sixty (60) days that is
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18 accumulated at a school district prior to such date shall be
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19 transferable.
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20  B. The plan of each school district for sick leave benefits may

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21 include other terms and conditions, but shall not provide less sick
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22 leave benefits than those prescribed herein. Hospital and medical
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23 proceeds may not be charged against sick leave benefits, but the
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24 proceeds received by the teacher from any insurance provided by the
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    Req. No. 2435                                              Page 3
1 district for loss of compensable time may be charged against sick
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2 leave benefits. Provided the board of education may provide all or
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3 part of hospital and medical benefits, and sickness, accident,
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4 health, and life insurance or any of the aforesaid such benefits for
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5 any or all of its employees. On authorization of the teacher, the
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6 district may approve payroll deductions for such teacher's portion
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7 of the aforesaid benefits.
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8   C. Each school district shall grant a teacher leave for jury

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9 service or as a witness subpoenaed in a criminal, civil, or juvenile
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10 proceeding and shall pay the teacher during such service the full,
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11 current contract salary. Provided that the district may deduct any
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12 compensation received for serving as a juror or witness from the
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13 teacher's salary during such service.
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14  D. 1. A school district shall also provide for benefits for

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15 personnel other than teachers. Benefits for support personnel
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16 employees shall include provisions for paid sick leave of at least
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17 one (1) day per month of employment not to exceed the number of
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18 hours per day for which they are regularly employed cumulative to a
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19 total of sixty (60) days and cumulative sick leave shall be
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20 transferable to another school district where the person is employed
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21 the next succeeding school year; provided, that the number of days
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22 transferred shall not exceed the maximum days permitted by the
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23 receiving district and that such transferred days shall be used
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24 first in case of illness up to a maximum of ten (10) transferred
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    Req. No. 2435                                               Page 4
1 days per school year unless the local school district board of
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2 education authorizes the use of additional transferred days during
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3 the school year in an amount set by the board and, provided further,
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4 that if the receiving district pays such person for unused sick
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5 leave upon retirement or termination of employment, then said such
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6 payments shall be for only those days accumulated in the receiving
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7 district. The school board of education of the sending district
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8 shall certify the exact number of days eligible for transfer. Each
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9 school district shall provide for all support employees, a minimum
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10 of three (3) days for personal business leave, upon the request of
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11 the support employee. Salary deductions for personal business leave
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12 shall not exceed an amount necessary to cover the costs of services
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13 provided to the district by the support employee and shall not
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14 exceed the salary of the support employee. The terms for personal
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15 business leave provided by this subsection shall not negate any
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16 locally negotiated leave policies which exceed the minimum benefits
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17 stated above set forth in this subsection. Payment for such leave
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18 shall be calculated with regard to the definition of "support
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19 employee" provided by Section 6-101.40 of this title. Provided;
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20 provided, however, that such benefits shall not exceed those
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21 authorized for teachers hereunder pursuant to this section.
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22  2. Support employees, as defined by Section 6-101.40 of this

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23 title, shall be entitled to pay for any time lost when school is
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24 closed on account of epidemics or otherwise when an order for such
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    Req. No. 2435  Page 5
1 closing has been issued by a health officer authorized by law to
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2 issue the order.
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3   E. Each school district shall grant a teacher or support

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4 personnel employee three (3) days of paid bereavement leave
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5 following the death of the teacher's or employee's spouse or child,
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6 which shall include a miscarriage. Bereavement leave following a
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7 miscarriage shall be in addition to and not in place of sick leave
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8 due to miscarriage and recovery therefrom. The terms for
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9 bereavement leave provided by this subsection shall not negate any
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10 locally negotiated leave policies which exceed the minimum benefits
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11 set forth in this subsection.
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12  SECTION 2. This act shall become effective July 1, 2026.

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13  SECTION 3. It being immediately necessary for the preservation

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14 of the public peace, health, or safety, an emergency is hereby
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15 declared to exist, by reason whereof this act shall take effect and
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16 be in full force from and after its passage and approval.
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    Req. No. 2435                                              Page 6