A. A career teacher, as described in Section 1419 of Title 10 of the Oklahoma Statutes, or any administrative personnel other than a superintendent who has been dismissed or whose contract has not been renewed shall be entitled to a trial de novo in the district court of the county in which the school is located.
B. In the event that a career teacher is dismissed or the teacher’s contract is not renewed, the Director of the State Department of Rehabilitation Services shall notify the teacher of the right to trial de novo within ten (10) days of receipt of the final order of the Director.
C. Within ten (10) days of receipt of the notification of the right to a trial de novo, the career teacher may 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 upon the State Department of Rehabilitation Services by certified mail, restricted delivery with return receipt requested, or substitute process as provided by law.
D. If, within the ten-day period, the career teacher fails to file a petition for a trial de novo concerning the dismissal or nonreemployment, the teacher shall be deemed to have waived the right to trial de novo and the decision of the Director to dismiss or not to renew the contract shall be final.
E. The Department 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.
F. 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 State Department of Rehabilitation Services to establish de novo that the career 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 of determinations of the Director with regard to the issue necessary to determine the adequacy of the dismissal or nonreemployment of the career 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 State Department of Rehabilitation Services reinstate the career teacher with full employment status and benefits; or
2. That the decision of the State Department of Rehabilitation Services for the dismissal or nonreemployment of the career teacher be sustained.
G. 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.
H. The decision of the district court shall be final and binding upon the career teacher and the State Department of Rehabilitation Services unless the teacher or the Department appeals the decision of the district court in the manner provided by law for the appeal of civil cases from the district court.
I. This section shall not apply to the following:
1. Superintendents;
2. Instructional personnel serving under a temporary contract or as a substitute teacher as defined in Section 6-105 of Title 70 of the Oklahoma Statutes; and
3. Probationary teachers.
Added by Laws 2001, c. 93, § 2, eff. July 1, 2003.
Structure Oklahoma Statutes
§10-6.5. Use of certain words in reference to children born out of wedlock prohibited.
§10-21.10. Child assessment in voluntary out-of-home placement.
§10-22.1. Legislative findings and intent – Foster care by grandparents or other relative.
§10-40.1. Purpose - Policy of state.
§10-40.3. Application of act - Exemptions - Determination of Indian status.
§10-40.4. Indian child custody proceedings – Notice.
§10-40.5. Emergency removal of Indian child from parent or custodian - Order.
§10-40.6. Placement preference.
§10-40.8. Payment of foster care expenses under certain circumstances.
§10-90.4. Children born out of wedlock - Change of name.
§10-91. Authority of district courts.
§10-92. Procedure to confer rights of majority - Petition - Jurisdiction and venue - Decree.
§10-93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.
§10-114.6. Rehabilitation of juvenile offenders through court supervised work projects.
§10-116b. Duties of probation officer - Investigations.
§10-116c. Assistant probation officer - Salary.
§10-116d. Construction of act.
§10-116e. Salary of probation officer.
§10-116f. Secretaries to probation officer - Duties - Salary.
§10-116g. Salaries in counties of over 200,000.
§10-133. Board of general supervision - Appointments - Salaries and removal of appointees.
§10-136. Visits by parents, guardians and near relatives.
§10-151. Control vested in local boards of education.
§10-152. Reports of number of children requiring school facilities.
§10-153. Inclusion of cost of education in school districts' budgets.
§10-154. School superintendents' reports of children attending schools.
§10-170.2. Emergency treatment.
§10-175.1. Legislative intent and purpose.
§10-175.4. Commission as agent of the state.
§10-175.5. Rules and regulations.
§10-175.7. Powers of Commission.
§10-175.8. Fund - State Treasurer.
§10-175.9. Homes - Right to enter.
§10-175.10. Applications for crippled children's services.
§10-175.12. Oklahoma Children's Hospital.
§10-175.20. Day treatment programs - Definition - Required programs and policies.
§10-361. Santa Claus Commission - Creation - Membership - Christmas presents.
§10-363. Claims - Approval and payment.
§10-401. Purpose and policy of law - Minimum standards.
§10-403. Exemptions from application of act.
§10-404. Minimum requirements and desirable standards.
§10-404.2. Demarion’s Law – Short title.
§10-404.3. Demarion's Law - Mandatory liability insurance for facilities
§10-405. Necessity and issuance of license – Temporary authorization.
§10-405.2. Online child care database.
§10-405.3. Online Restricted Registry.
§10-405.5. Continuation of license upon inheritance or purchase of a facility.
§10-406. Investigations - Notice of violation – Confidentiality – Anonymous complaint system.
§10-406.1. Indian tribe-operated child care facility - Inspection agreement.
§10-407. Revocation of license or refusal to issue or renew - Emergency action - Citation.
§10-410. Violations - Punishment.
§10-410.1. Quality of Care Development Fund.
§10-411. Certificate of immunization as condition for admission to day care facility - Waiver.
§10-412. Manner and frequency of immunizations - Enforcement of act.
§10-414. Administration of immunizations - Persons eligible - Indigent persons.
§10-415. Child with reportable contagious disease to be excluded from day care facility.
§10-418. Authority to obtain evidence - Administration of oaths.
§10-420. Child Care Center Bill of Rights.
§10-452. Transfer of property, contracts and funds.
§10-454. Powers and duties of Commission and Director.
§10-455. Laws not inconsistent to remain in effect.
§10-553. Persons authorized - Consent.
§10-554. Legal status of child or children born as result of heterologous oocyte donation.
§10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.
§10-557. Short title - Oklahoma Gestational Agreement Act.
§10-557.3. Gestational agreement – Legal contract.
§10-557.4. Gestational carrier - Qualifications.
§10-557.5. Necessary parties to agreement - Requirements.
§10-557.6. Agreement requirements - Validation.
§10-557.7. Validated agreement required prior to transfer of gametes or embryos.
§10-557.8. Limited enforceability of an unvalidated agreement.
§10-557.9. Procedure to obtain court validation.
§10-557.11. Rights of child – Parent-child relationship.
§10-557.12. Notice of birth to be filed with court – Court order.
§10-557.13. Amendments to agreement must be validated.
§10-557.14. Termination of agreement.
§10-557.15. Proceedings governed by Code of Civil Procedure - Confidentiality.
§10-557.16. Venue and jurisdiction.
§10-557.17. Compensation to gestational carrier.
§10-557.18. Donors may be parties to the agreement.
§10-557.19. Gametes or embryos of the gestational carrier or gestational spouse.
§10-557.20. Parents to be listed on certificate of birth.
§10-557.21. Death of intended parent prior to birth of child – Testamentary and inheritance rights.
§10-557.22. Marriage or divorce of a gestational carrier.
§10-557.23. Laboratory or clinical error.
§10-557.24. Breach of agreement.
§10-557.25. Application with other laws.
§10-577. Enactment of compact - Text.
§10-601.1. Oklahoma Commission on Children and Youth - Creation - Membership.
§10-601.3. Oklahoma Commission on Children and Youth - Duties.
§10-601.4. Additional duties and responsibilities of Commission.
§10-601.5. Director - Powers and duties.
§10-601.6. Office of Juvenile System Oversight - Powers, duties and authority.
§10-601.6a. Office of Planning and Coordination for Services to Children and Youth - Duties.
§10-601.10. Oklahoma Commission on Children and Youth Revolving Fund.
§10-601.12. Community partnership plan for children and youth services.
§10-601.14. Children's Endowment Fund of Oklahoma.
§10-601.20. Children of Incarcerated Parents Task Force.
§10-601.30. Board of Child Abuse Examination - Membership - Officers - Meetings - Quorum.
§10-601.62. Legislative intent.
§10-601.64. Duties of the Oklahoma Commission on Children and Youth.
§10-601.65. Proposed submission procedures and criteria.
§10-601.67. Children with Disabilities Comprehensive Systems of Services Revolving Fund.
§10-601.68. Not-for-profit foundation.
§10-601.69. Curriculum for abuse-prevention instructional programs.
§10-601.80. Short title - Family Support Accountability Act - Definitions.
§10-601.81. Home visiting programs – Requirements – Objectives – Annual report.
§10-603.1. Short title - Purpose - Implementation.
§10-603.4. Day treatment program standards.
§10-620.1. Purpose of act - Release and transfer of information.
§10-620.2. Appointment of task force - Membership - Duties.
§10-620.3. Agencies to promulgate uniform rules and procedures.
§10-620.4. Contents of rules and procedures.
§10-620.5. Transfer and release of confidential information - Adoption of procedures.
§10-620.6. Guidelines and forms for inspection, release, disclosure, etc. of records.
§10-640.1. Oklahoma Partnership for School Readiness Board.
§10-640.2. Powers and responsibilities of Board.
§10-640.3. School readiness foundation.
§10-700. Delegation of powers regarding child care and custody.
§10-701. Statutory form for power of attorney to delegate parental or legal custodian powers.
§10-1116.2. Postadjudication review boards.
§10-1116.3. Advisory status of review boards - Duties and responsibilities.
§10-1116.4. Disclosure of certain information prohibited - Exceptions.
§10-1116.6. Postadjudication Review Advisory Board.
§10-1150.2a. Production of documents - Subpoena.
§10-1150.6. Child maltreatment medical review.
§10-1409. Transfer of powers and duties.
§10-1410. Personal properties - Contracts and leases - Unexpended funds.
§10-1411.1. Developmental Disabilities Services Division - Periodic reports.
§10-1411.2. Developmental Disabilities Services Division waiting list - Voucher waiver program.
§10-1414. Admission of individuals with intellectual disability - Applications - Release.
§10-1414.1. Greer Center Facility - Admission guidelines and procedures.
§10-1416. Liability for care and treatment.
§10-1417. Clinics - Outpatient facilities - Day care centers.
§10-1418. Powers and duties of Commission for Rehabilitation Services – Local education agencies.
§10-1419. Administration - Personnel - Retirement system.
§10-1420. Transfer of property, records, funds, etc.
§10-1421. Purchase of school busses.
§10-1423. Program for care and treatment of children - Federal matching funds.
§10-1424. Department as next friend of institutionalized persons - Procuring appoint of guardian.
§10-1425. Authorization to operate facilities.
§10-1430.3. Department - Powers and duties.
§10-1430.4. Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.
§10-1430.6. Standing to bring action - Jurisdiction.
§10-1430.7. Group home as nuisance - Actions - Request for investigation - Complaint.
§10-1430.9. Penalties and liabilities for certain violations.
§10-1430.10a. Revocation or denial of or refusal to renew license – Notice – Protest - Emergency.
§10-1430.11. Standards for group homes.
§10-1430.12. Fire safety inspections - Reports.
§10-1430.13. Information subject to disclosure to public.
§10-1430.15. Nontransferability of license - Transfer of operation of group home.
§10-1430.17. Conditional license.
§10-1430.18. Documents to be made available to residents, employees and visitors.
§10-1430.19. Documents and records to be available for public inspection.
§10-1430.22. Resident's contract.
§10-1430.23. Protection of resident's funds.
§10-1430.24. Access to group homes.
§10-1430.25. Involuntary transfer or discharge of resident.
§10-1430.27. Inspection, investigation, survey or evaluation of group home.
§10-1430.32. Violations - Penalties.
§10-1430.33. Notice of voluntary closing - Alternative placement of residents.
§10-1430.34. Appointment of monitor or receiver.
§10-1430.35. Emergencies - Investigations - Hearing.
§10-1430.36. Appointment of receiver.
§10-1430.37. Expenses of receiver - Insufficient funds - Compensation of receiver.
§10-1430.38. Liability of receiver - Bond.
§10-1430.39. Conditional license for provider in receivership.
§10-1430.40. Termination of receivership.
§10-1430.41. Rights, obligations and liability during receivership.
§10-1501. Various references deemed to be references to District Court or judge thereof.
§10-1505a. Assistant juvenile officer in certain counties.
§10-1628. Missing child 16 and under - Investigation of disappearance.
§10-1631. Fingerprinting minors and identification card.
§10-1632. Intent of legislature.
§10-1633. School district fingerprinting programs.
§10-7007-1.8. Purposes - Report.
§10-7007-1.9. Task Force on Reactive Attachment Disorder in Children – Membership - Duties.
§10-7501-1.1. Short title - Composition of Code.
§10-7501-1.2. Purpose of Code.
§10-7502-1.4. Foreign adoptions.
§10-7503-1.1. Eligibility to adopt.
§10-7503-1.2. Written adoption full-disclosure statement - Signatures.
§10-7503-2.1. Who may consent.
§10-7503-2.2. When consent may be given.
§10-7503-2.3. Permanent relinquishments.
§10-7503-2.4. Contents of consent to adoption.
§10-7503-2.6. Extrajudicial consent.
§10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.
§10-7503-3.1. Notice of plan for adoption.
§10-7503-3.2. Notice of filing of paternity action by putative father.
§10-7503-4.1. Temporary orders of custody.
§10-7504-1.1. Medical and social history report.
§10-7505-1.1. Confidential character of hearings and records – Release - Exceptions - Misdemeanor.
§10-7505-1.2. Appointment of attorney and guardian ad litem.
§10-7505-1.3. Court clerk or deputy may affix signature of judge to order and notice of hearing.
§10-7505-1.4. Priority on docket - Proceedings to be expedited.
§10-7505-1.5. Visitation agreements between child, adoptive parents and birth relative.
§10-7505-2.1. Preadoption termination of parental rights.
§10-7505-3.2. Costs, funds or monies expended by adoptive family – Disclosure statement.
§10-7505-3.3. Disclosure Statement of Adoption-related Costs and Expenditures.
§10-7505-4.1. Application - Notice - Hearing - Order - Appeal.
§10-7505-4.2. Exceptions to requirement of parental consent.
§10-7505-4.3. Inquiry to identify unknown or putative father.
§10-7505-5.2. Subsequent home study - Waiver.
§10-7505-5.3. Contents of home study.
§10-7505-5.4. Persons or agencies authorized to conduct home studies.
§10-7505-6.1. Interlocutory decree.
§10-7505-6.2. Filings required prior to final hearing.
§10-7505-6.4. Denial of petition for adoption.
§10-7505-6.5. Effect of final decree - Grandparental rights.
§10-7505-8.1. Adoption dissolution statistics to be published.
§10-7506-1.1. Paternity registry.
§10-7507-1.1. Adult adoptions.
§10-7508-1.1. Records retention.
§10-7508-1.2. Mutual Consent Voluntary Registry.
§10-7508-1.3. Confidential intermediary search program.
§10-7509-1.1. Conditions for discharges of infants from medical facilities.
§10-7509-1.2. Confidential index of birth and adoptive names.
§10-7509-1.3. Invalidation or revocation of final decree of adoption.
§10-7510-1.4. Eligibility for adoption assistance - Factors for determination.
§10-7510-1.6. Denial of assistance - Hearing.
§10-7510-2.2. Photograph and description of child to be provided to exchange.
§10-7510-2.4. Change in status of child listed by exchange.
§10-7510-2.5. Withdrawal of child from register.
§10-7510-3.2. Compact on Adoption and Medical Assistance.
§10-7510-3.3. Administration of compact - Rules and regulations.
§10-7603. Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.
§10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts.
§10-7700-201. Establishment of parent-child relationship.
§10-7700-202. Equal rights of marital and nonmarital children.
§10-7700-203. Application of established parent-child relationship.
§10-7700-204. Presumption of paternity.
§10-7700-301. Voluntary acknowledgment of paternity.
§10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.
§10-7700-303. Denial of paternity - Validity.
§10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors.
§10-7700-305. Effect of acknowledgment or denial.
§10-7700-307. Rescission of acknowledgment or denial.
§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.
§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.
§10-7700-310. Ratification of unchallenged acknowledgment prohibited.
§10-7700-311. Full faith and credit.
§10-7700-313. Release of copies of acknowledgment or denial of paternity.
§10-7700-501. Scope of article.
§10-7700-502. Order for genetic testing – Order for in utero testing not allowed.
§10-7700-503. Requirements of testing – Objection to calculation - Retesting.
§10-7700-504. Report of testing – Chain of custody.
§10-7700-505. Identification of father - Rebuttal.
§10-7700-506. Payment of costs of testing.
§10-7700-507. Advance payment for additional testing.
§10-7700-509. Testing of deceased individual.
§10-7700-510. Testing of identical brother – Use of nongenetic evidence.
§10-7700-511. Release of genetic test report.
§10-7700-601. Proceeding authorized.
§10-7700-602. Standing to maintain proceeding.
§10-7700-603. Parties to proceeding.
§10-7700-604. Personal jurisdiction.
§10-7700-607. Two-year limitation in proceedings with presumed father - Exception.
§10-7700-608. Motion for genetic testing.
§10-7700-609. Limitation in proceeding with acknowledged or adjudicated father.
§10-7700-610. Joinder of proceedings.
§10-7700-611. Proceeding before birth of child.
§10-7700-612. Child as party to proceeding – Guardian ad litem.
§10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills.
§10-7700-622. Enforcement of order for genetic testing - Default.
§10-7700-623. Admission of paternity.
§10-7700-624. Temporary order for support.
§10-7700-631. Rules for adjudication of paternity.
§10-7700-632. Jury prohibited.
§10-7700-633. Closure of proceeding – Inspection of records.
§10-7700-634. Order on default.
§10-7700-635. Dismissal for want of prosecution.
§10-7700-637. Binding effect of determination of parentage.
§10-7700-901. Uniformity of application and construction.