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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 843 By: Murdock
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5 AS INTRODUCED
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6 An Act relating to school district boards of
6 education; amending 70 O.S. 2021, Sections 5-113 and
7 5-113.1, which relate to a prohibition on certain
7 relationships between board members and school
8 district employees; modifying statutory language;
8 modifying exception to certain prohibition; updating
9 statutory language; providing an effective date; and
9 declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 70 O.S. 2021, Section 5-113, is
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14 amended to read as follows:
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15 Section 5-113. A. Except as otherwise provided in this
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16 section, no person shall be eligible to be a candidate for or serve
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17 on a board of education if the person is currently employed by the
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18 school district governed by that board of education or is related
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19 within the second degree by affinity or consanguinity to any other
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20 member of the board of education or to any employee of the school
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21 district governed by the board of education. The purpose of this
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22 section is both to prohibit persons who are related within the
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23 second degree by affinity or consanguinity from serving
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24 simultaneously on the same board of education of any school district
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1 of this state and to prohibit persons who are related within the
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2 second degree of consanguinity or affinity to an employee of a
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3 school district from serving on the board of education governing the
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4 school district while such relative is employed except as otherwise
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5 provided in this section.
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6 B. If the relationship is based on affinity, the prohibitions
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7 in this section shall not apply to prevent members of boards of
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8 education who are serving on September 1, 1995, from serving the
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9 term for which they were elected or from serving successive terms
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10 for which they may be elected, unless it is the member's spouse who
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11 is a member of the board of education or an employee of the school
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12 district,; then such prohibitions shall apply.
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13 C. The prohibitions set forth in this section shall not apply
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14 if:
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15 1. The person related to the board member within the second
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16 degree of affinity or consanguinity is employed as a substitute
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17 teacher by the school district pursuant to the provisions of Section
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18 6-105 of this title or as a temporary substitute support employee if
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19 the school district has an Average Daily Membership average daily
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20 membership (ADM) of less than five thousand (5,000); or
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21 2. The school district has an ADM of less than four hundred
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22 (400) five hundred fifty (550), the board of education has adopted a
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23 policy providing for such candidate eligibility and the board member
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24 who is related within the second degree by affinity or consanguinity
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1 to any employee of the school district governed by the board of
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2 education complies with the provisions of subsection E of Section 5-
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3 113.1 of this title.
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4 D. Any member of a board of education who violates the
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5 provisions of this section shall be subject to the penalties
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6 prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
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7 Statutes.
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8 SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-113.1, is
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9 amended to read as follows:
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10 Section 5-113.1. A. Except as otherwise provided in this
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11 section, no person may be employed or put under contract by a school
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12 district if that person is related to a member of the board of
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13 education of that school district within the second degree of
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14 consanguinity or affinity. A teacher or employee already under
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15 contract to or otherwise employed by the school district at the time
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16 the relationship is established may continue in said such
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17 employment. Except as otherwise provided, a board member already
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18 serving at the time the relationship is established may serve out
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19 the term for which the member was elected but shall not be eligible
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20 to be a candidate for or serve successive terms of office for which
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21 the member may be elected.
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22 B. The provisions of this section shall not prevent a board
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23 member from serving successive terms of office if otherwise eligible
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24 under the provision of Section 5-113 of this title. No member of
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1 the board of education who has resigned from the board before the
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2 term of the person has expired may be reappointed to the board to
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3 complete the remainder of the term if a teacher or employee related
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4 to the resigned member of the board within the second degree of
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5 consanguinity or affinity was put under contract or otherwise
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6 employed by the school district after the board member resigned.
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7 C. The provisions of this section shall not prevent a person
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8 who is related to a member of the board of education within the
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9 second degree of consanguinity or affinity from being employed by
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10 the school district as a substitute teacher pursuant to the
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11 provisions of Section 6-105 of this title or as a temporary
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12 substitute support employee if the school district has an Average
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13 Daily Membership average daily membership (ADM) of less than five
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14 thousand (5,000).
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15 D. The provisions of this section shall not prevent a person
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16 who is related to a member of the board of education within the
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17 second degree of consanguinity or affinity from being employed by
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18 the school district if the school district has an Average Daily
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19 Membership average daily membership (ADM) of less than four hundred
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20 (400) five hundred fifty (550) and the board of education has
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21 adopted a policy providing for such employment.
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22 E. Any member of a board of education who is related to a
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23 teacher or other employee of the district within the second degree
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24 of consanguinity or affinity shall not attend or participate in any
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1 regular or executive session of the board held to consider any
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2 personnel matter or litigation relating to said such teacher or
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3 employee. The member may vote on collective bargaining agreements
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4 or the renewal of contracts as a group if the vote is necessary to
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5 form a quorum of the board of education members. If more than one
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6 member of the board of education is related to a teacher or
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7 employee, only the minimum number of those members which is
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8 necessary to form a quorum shall be allowed to vote. Each board of
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9 education so affected shall adopt a written policy establishing
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10 procedures on when such a member may vote on the renewal of
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11 contracts or collective bargaining agreements.
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12 F. Any member of a board of education who violates the
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13 provisions of this section shall be subject to the penalties
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14 prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
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15 Statutes.
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16 SECTION 3. This act shall become effective July 1, 2025.
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17 SECTION 4. It being immediately necessary for the preservation
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18 of the public peace, health, or safety, an emergency is hereby
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19 declared to exist, by reason whereof this act shall take effect and
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20 be in full force from and after its passage and approval.
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22 60-1-151 EB 1/19/2025 5:44:29 AM
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Req. No. 151 Page 5Every fact on this page links to its source, starting with the official bill record.