A. Except as provided in subsection E of this section, no person shall be permitted to teach in any school district of the state without a written contract, except as provided herein for substitute teachers and except teachers of classes in adult education. Except as provided in subsection J of this section, the board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district. One copy of the contract shall be filed with the clerk of the board of education and one copy shall be retained by the teacher.
B. Except as otherwise provided by subsections J and K of this section and any other law, no board of education shall have authority to enter into any written contract with a teacher who does not hold an Oklahoma criminal history record check as required by Section 6-190 of this title and who does not hold a valid certificate issued or recognized by the State Board of Education authorizing the teacher to teach the grades or subject matter for which the teacher is employed. Any board of education paying or authorizing the payment of the salary of any teacher not holding a certificate, as required herein, shall be adjudged to be guilty of a fraudulent expenditure of public funds and members voting for such payment shall be held jointly responsible for the return of the amount of any public monies thus expended, upon suit brought by the district attorney or by any interested citizen in the district where such funds have been expended.
C. It shall be the duty of the superintendent of schools under whose supervision teachers have been contracted to teach to certify to the treasurer of the contracting district the names of the teachers holding valid certificates and student teachers with whom contracts have been made and the names of substitute teachers employed in accordance with law. The treasurer shall not register any warrant issued in payment of salary to any teacher whose name is not included in such list and shall be liable on the official bond for the treasurer for the amount of any warrant registered in violation of the provisions of this section.
D. Whenever any person shall enter into a contract with any school district in Oklahoma to teach in such school district the contract shall be binding on the teacher and on the board of education until the teacher legally has been discharged from the teaching position or released by the board of education from the contract. Except as provided in Section 5-106A of this title, until such teacher has been thus discharged or released, the teacher shall not have authority to enter into a contract with any other board of education in Oklahoma for the same time covered by the original contract. If upon written complaint by the board of education in a district any teacher is reported to have failed to obey the terms of the contract previously made and to have entered into a contract with another board of education without having been released from the former contract except as provided in Section 5-106A of this title, the teacher, upon being found guilty of such charge at a hearing held before the State Board of Education, shall have such teacher’s certificate suspended for the remainder of the term for which the contract was made.
E. A board of education shall have authority to enter into written contracts with teachers for the ensuing fiscal year prior to the beginning of such year. If, prior to the first Monday in June, a board of education has not entered into a written contract with a regularly employed teacher or notified the teacher in writing by registered or certified mail that a recommendation has been made not to reemploy the teacher for the ensuing fiscal year, and if, by fifteen (15) days after the first Monday in June, such teacher has not notified the board of education in writing by registered or certified mail that such teacher does not desire to be reemployed in such school district for the ensuing year, such teacher shall be considered as employed on a continuing contract basis and on the same salary schedule used for other teachers in the school district for the ensuing fiscal year, and such employment and continuing contract shall be binding on the teacher and on the school district.
F. Whenever a school district is engaged in contract negotiations with teachers employed by that school district after the school year has begun and the teachers are employed on a continuing contract basis, the school district shall, beginning at the first of the school year, pay the teachers any state-mandated salary increases and salary schedule increases to which each teacher is otherwise entitled.
G. No school district or any member of the board of education of a district shall be liable for the payment of compensation to a teacher or administrator under the provisions of any contract for the ensuing year, if it becomes necessary to close the school because of insufficient attendance, disorganization, annexation, consolidation, or by dispensing with the school according to law, provided, such cause is known or action is taken prior to July 1 of such ensuing year.
H. No school district or any member of a board of education shall be liable for the payment of compensation to any teacher or administrator for the unexpired term of any contract if the school building to which the teacher or administrator has been assigned is destroyed by accident, storm, fire, or otherwise and it becomes necessary to close the school because of inability to secure a suitable building or buildings for continuation of school. Teachers and administrators shall be entitled to pay for any time lost when school is closed on account of epidemics or otherwise when an order for such closing has been issued by a health officer authorized by law to issue the order.
I. A teacher may contract with more than one school district for the same school year as provided in Section 5-106A of this title.
J. A board of education shall have authority to enter into written contracts for the ensuing fiscal year prior to the beginning of the year with persons who are not certified to teach by the State Board of Education as long as the person is actively in the process of securing certification. The person shall not be allowed to teach in a classroom until the person has met or completed all of the requirements for certification as provided for in Section 6-190 of this title. If the person has not obtained valid certification by the first day of the ensuing school year, the contract shall be terminated.
K. A board of education of a school district shall have the authority to enter into written contracts for employment for the ensuing fiscal year with persons who are student teachers as defined in Section 1-116 of this title while such persons are still student teachers. A student teacher shall not be allowed to teach in a classroom during the ensuing fiscal year until meeting or completing all of the requirements for certification as provided for in Section 6-190 of this title. If the student teacher has not obtained valid certification by the first day of the ensuing school year, the contract shall be terminated. A board of education of a school district shall have the authority to commit to payment of a stipend or signing bonus to a student teacher as defined in Section 1-116 of this title while that person is still a student teacher, if that person has entered into a written contract for employment for the ensuing fiscal year. A board of education shall make any such student teacher stipend or signing bonus conditional on such person fulfilling the first year of his or her contract for the ensuing fiscal year. Any stipend or signing bonus paid under the terms of this subsection shall not be considered compensation for purposes of teacher retirement or the minimum salary schedule.
L. A teacher whose certificate was suspended by the State Board of Education pursuant to Section 3-104 of this title and Sections 314 and 314.1 of Title 75 of the Oklahoma Statutes shall be placed on suspension pursuant to the provisions of Section 6-101.29 of this title while proceedings for revocation or other action are pending before the State Board of Education. The provisions of this subsection shall not preclude the initiation of due process procedures in accordance with Section 6-101.20 et. seq of this title.
Added by Laws 1971, c. 281, § 6-101, eff. July 2, 1971. Amended by Laws 1989, 1st Ex. Sess., c. 2, § 67, operative July 1, 1990; Laws 1991, c. 3, § 5, eff. July 1, 1991; Laws 1993, c. 239, § 28, eff. July 1, 1993; Laws 2001, c. 242, § 4, eff. July 1, 2001; Laws 2003, c. 455, § 3, eff. July 1, 2003; Laws 2005, c. 185, § 1, emerg. eff. May 17, 2005; Laws 2009, c. 270, § 1, eff. Nov. 1, 2009; Laws 2014, c. 124, § 4, eff. July 1, 2014; Laws 2016, c. 323, § 1, eff. July 1, 2016; Laws 2020, c. 49, § 2, emerg. eff. May 19, 2020; Laws 2021, c. 343, § 1, eff. July 1, 2021.
Structure Oklahoma Statutes
§70-1-101. Oklahoma School Code.
§70-1-103. Act to be liberally construed.
§70-1-104. Act not to repeal or modify tax laws unless specifically provided.
§70-1-106. Public schools - Definition - What included.
§70-1-107. Educational services - Enumeration.
§70-1-107.1. Technology - Generally defined for educational and governmental purposes.
§70-1-108. School district - Definition.
§70-1-109.1. Optional Extended School Year Program.
§70-1-111. School day - Six hours - Exceptions.
§70-1-112. School taught on Saturday.
§70-1-113. School district residency.
§70-1-114.1. Foreign exchange students - Guidelines for acceptance.
§70-1-114.2. Operation as grantee of a federal Head Start program - Calculation of state aid.
§70-1-115. Public school system – Administration.
§70-1-116. Positions in school system - Definitions.
§70-1-116.1. Teaching principal - Amount of time in classroom.
§70-1-116.2. Application of medicine or sunscreen to students - Vaccinations.
§70-1-117. General fund - Capital and noncapital expenditures.
§70-1-118. Building and operations fund - Definition.
§70-1-118.1. Building fund – Technology center school districts.
§70-1-119. Sinking fund - Definition.
§70-1-121. Conflicting provisions.
§70-1-122. Contributions to Public School Classroom Support Revolving Fund – Tax forms.
§70-1-123. Public School Classroom Support Revolving Fund.
§70-1-124. Per-pupil expenditure defined - Expenditure categories.
§70-1-125. Restrooms in public schools.
§70-2-113. Campaign committee organization statements.
§70-2-114. School district political committee organization statements.
§70-2-115. Contributions and expenditures reports.
§70-2-116. Organization statements and contribution and expenditure reports - Public records.
§70-2-117. Financial interest statements.
§70-2-118. Financial interest statements - Public records.
§70-3-101. State Board of Education - Members - Travel expenses.
§70-3-104. State Board of Education - Powers and duties.
§70-3-104.3. Requirements for compliance with quality standards - Loss or denial of accreditation.
§70-3-104.4. Standards for accreditation.
§70-3-104.7. Day treatment programs - Standards for on-site educational services.
§70-3-104.8. Contracts with educators.
§70-3-104.9. Report listing wage, salary, benefit, job class changes.
§70-3-104.10. Oklahoma Imagination Library Program.
§70-3-104.11. Imagination Library Revolving Fund.
§70-3-106. Office - Books pertaining to office - Salary of Superintendent.
§70-3-107. Administrative and executive duties.
§70-3-107.1. State Superintendent of Public Instruction – Powers and duties.
§70-3-109. Curriculum Materials Revolving Fund.
§70-3-110.1. Allocation of funds for adult education.
§70-3-115. School facility improvement program - Allocations from appropriations.
§70-3-116.1. Educational Accountability Reform Act - Short title.
§70-3-116.2. Commission for Educational Quality and Accountability.
§70-3-116.3. Technical corrections - References in statutes.
§70-3-116.4. Transfer of authority.
§70-3-116.5. Commission for Educational Quality and Accountability – Report on educational system.
§70-3-116.6. Pilot program for mentor teacher training.
§70-3-117. Office of Educational Quality and Accountability.
§70-3-117.1. Short title - School Finance Review Commission Act.
§70-3-117.2. School Finance Review Commission – Creation.
§70-3-117.3. School Finance Review Commission – Duties.
§70-3-118. Secretary of Education - Powers, duties and responsibilities.
§70-3-118.1. Budget and operations performance reviews.
§70-3-119. Allocation of funds for school lunch programs.
§70-3-120. Board approval of programs using state funds.
§70-3-121. Apportionment of certain administrative and support function funds.
§70-3-122. Funding for education of children with visual impairments.
§70-3-123. Allocation of funds for Oklahoma Education 2000 Challenge.
§70-3-123.1. Review of legislative provisions for duplication or conflict in mandates.
§70-3-127. Approval by State Board of Education.
§70-3-129.3. Public school, zone, or district empowerment plan.
§70-3-129.4. Empowerment plan considerations.
§70-3-129.5. Acceptance of gifts, grants, and donations.
§70-3-129.6. Submitting approved empowerment plan to the State Board of Education.
§70-3-129.7. Waiving statutes or rules.
§70-3-129.8. Waiver of provisions in collective bargaining agreement.
§70-3-129.9. Performance review.
§70-3-129.11. School District Empowerment Program.
§70-3-134. Applications – Presubmission training – Contents - Procedures.
§70-3-135. Sponsor to contract with governing board – Contents of contract.
§70-3-136. Rules and standards to be incorporated into charter.
§70-3-137. Duration of contract--Performance report--Renewal--Termination--School closure.
§70-3-138. Reprisal against school employee seeking to establish charter school.
§70-3-139. Status of teacher returning to public school from charter school.
§70-3-140. Student eligibility – Districts – Preferences - Discrimination.
§70-3-142. Funding - Charter School Closure Reimbursement Revolving Fund.
§70-3-144. Charter Schools Incentive Fund.
§70-3-145.1. Statewide Virtual Charter School Board.
§70-3-145.2. Meetings - Reimbursement.
§70-3-145.3. Powers and duties.
§70-3-145.4. Authority to promulgate rules.
§70-3-145.5. Students outside the district - Succession to contractual rights.
§70-3-145.6. Full time virtual education site - Performance data of nonresidents.
§70-3-145.7. Statewide Virtual Charter School Board Revolving Fund.
§70-3-145.8. Records of attendance – Orientation - Truancy.
§70-3-151.1. Adjusted cohort graduation rate - Academic performance index.
§70-3-151.2. Graduation rate growth targets - Failing schools.
§70-3-153. Reporting of plans to State Board - Exemptions.
§70-3-154. Review of plans by regional accreditation officer.
§70-3-155. Study and assessment of information and reports – Collection techniques.
§70-3-156. Local school district assessment – Report submission.
§70-3-162. Enrollment - Collection of information regarding participation in certain programs.
§70-3-167. Exemption from participation in advisory council or committee.
§70-3-168. Student Data Accessibility, Transparency and Accountability Act of 2013.
§70-3-169. Disclosure of mental health treatment of students - Accommodations plan.
§70-3-171. Oklahoma Advisory Council on Indian Education Act.
§70-3-173. Oklahoma Advisory Council on Indian Education.
§70-4-101. Abolition of office of county superintendent of schools.
§70-4-104. School district boundaries - Duties of county clerk.
§70-4-201. Transfer and preservation of records - Additional salaries.
§70-5-101. School districts - Designation.
§70-5-102. Independent school districts.
§70-5-103. Elementary school districts.
§70-5-103.1. Elementary school districts - Prohibition on certain grades.
§70-5-104. Designation of district retained on records - When.
§70-5-105. School district - Body corporate - Powers.
§70-5-106. Governing body of school district.
§70-5-106A. Employment contracts with more than one school district.
§70-5-107A. Boards of education of school districts - Membership - Election procedure.
§70-5-107B. Expansion of a board of education - Chair and other positions.
§70-5-110.1. Board members - Continuing education requirement.
§70-5-113. Relation by affinity or consanguinity - Prohibition.
§70-5-115. Local treasurer - Surety bond - Duties - Cash and investment ledgers.
§70-5-116a. Superintendent and officers – Employment requirement – Surety bonds.
§70-5-117.1. Cooperative contracts.
§70-5-117.2. Additional authorization.
§70-5-117.3. Average daily attendance.
§70-5-117.4. School improvement plan.
§70-5-117.5. Employee health insurance plans.
§70-5-117.6. Regulation of dogs running at large.
§70-5-117b. Interlocal cooperative agreements.
§70-5-119. Officers of board - Encumbrance clerk and minute clerk - Bond.
§70-5-120. President - Duties.
§70-5-121. Vice president - Duties.
§70-5-123. Noncontract expenditures – Limitations.
§70-5-124. Board contracts prohibited - Exceptions.
§70-5-125. Liability for voting for false claim.
§70-5-126. Refusal, failure or neglect of board - Elector may institute action.
§70-5-127.1. Release of audit to public.
§70-5-128. Annual statistical and financial reports.
§70-5-128.2. Electronic transmission of reports, plans or grants.
§70-5-129.1. Funds exempted from provisions of Section 5-129 of this title.
§70-5-129.3. Short title - Patriotic Access to Students in Schools Act (PASS Act).
§70-5-130. School buildings and property - Permission to use for other purposes.
§70-5-131. Educational courses - Buildings and equipment.
§70-5-131.1. Sewage disposal systems.
§70-5-131.2. Energy conservation contracts.
§70-5-132.1. Certain persons 21 years of age or older may be allowed to complete high school.
§70-5-133. Apportionment of taxes each year.
§70-5-134. Estimates - Emergency and building levies - Elections.
§70-5-135. System of accounting.
§70-5-135.4. School District Transparency Act.
§70-5-136.1. Certificates of indebtedness – Curing of delinquencies by withholding of State Aid.
§70-5-137. School nurses - Increments.
§70-5-138. School employees and superintendent - Residence.
§70-5-140. Additional salary or wages in lieu of insurance or similar benefits.
§70-5-141.2. Incentive pay plans.
§70-5-141.4. Incentive pay plan - Student and school growth in achievement.
§70-5-142. National criminal history record check - Employment with a school.
§70-5-146.1. School employees - Notification of suspected gang activity.
§70-5-149. School safety drills.
§70-5-149.1. Civil actions against former students – Costs and attorney fees.
§70-5-149.2. Handgun licenses for school personnel – Training - Immunity.
§70-5-149.3. Designated lactation rooms.
§70-5-152. Applicability optional.
§70-5-154. Approval of budget - Estimates of revenues and expenditures.
§70-5-156. Protests - Right to examine filed budget.
§70-5-157. Expenditures in excess of appropriation - Deficits and surpluses - Violations of law.
§70-5-159. Classification of revenues and expenditures.
§70-5-160. Interaccount and interfund transfers.
§70-5-161. Amendment of budget.
§70-5-170. Transfer of unexpended or unencumbered appropriations.
§70-5-181. Registration of certificates of indebtedness or bonds – Recording of payment.
§70-5-185. When check or warrant due – Enforcement of liability.
§70-5-187. Unencumbered balances – Date for submission of all claims – Notice.
§70-5-189. Second or duplicate check or warrant – Stop payment or affidavit.
§70-5-190. School district treasurer, encumbrance clerk - Training - Continuing education.
§70-6-101. Teachers - Contract.
§70-6-101.2. Consultant services - Contracts with retired administrators - Contract requirements.
§70-6-101.6. Categories of employment contracts.
§70-6-101.6a. Employment contracts - Status of applicant's children.
§70-6-101.6b. Prohibiting disciplinary action against teachers for reporting violations of law.
§70-6-101.8. Restrictions on attorneys involved in due process hearings.
§70-6-101.11. Copy of evaluation to person evaluated - Disclosure at hearings - Confidentiality.
§70-6-101.13. Full-time certified administrators - Dismissal or nonreemployment - Due process.
§70-6-101.14. Administrators - Suspension.
§70-6-101.15. Administrators - Conviction of felony - Criminal sexual activity or sexual misconduct.
§70-6-101.16. Oklahoma Teacher and Leader Effectiveness Evaluation System.
§70-6-101.20. Teacher Due Process Act of 1990 - Short title.
§70-6-101.21. Standards of performance and conduct for teachers.
§70-6-101.22. Grounds for dismissal or nonreemployment.
§70-6-101.23. Application of act - Exemptions.
§70-6-101.25. Recommendation of dismissal or not to reemploy to be in writing - Basis or grounds.
§70-6-101.26. Mailing or delivery of recommendation to teacher - Teacher hearing.
§70-6-101.28. Applicable procedure.
§70-6-101.29. Immediate suspension - Compensation and benefits - Hearing for dismissal.
§70-6-101.31. Determining retention or reassignment of teachers and administrators.
§70-6-101.32. Implementation of rules.
§70-6-101.40. Suspension, demotion, termination or nonreemployment for cause of support employee.
§70-6-101.42. Wage increase for 2018-19 school year.
§70-6-101.43. Adoption and publication of disciplinary policy for support personnel - Copies.
§70-6-101.44. Adoption of policy prerequisite to disciplinary action.
§70-6-101.45. Reasonable assurance of employment.
§70-6-101.46. Procedure for disciplinary action.
§70-6-104.1. Exhaustion of sick and extended leave - Credit for leave without pay.
§70-6-104.5. Exhausted sick leave - Unused sick leave upon termination.
§70-6-104.6. Leave sharing programs and banks.
§70-6-104.7. National disaster leave.
§70-6-105A. Construction of agreements
§70-6-106. Salary - Twelve monthly payments.
§70-6-106.1. Distribution of Mentor Teacher Stipend funds.
§70-6-106.3. Support employee schedule of payments.
§70-6-108. Certificate of qualifications - Unlawful to teach without.
§70-6-108.1. Expired license or certificate notice - Renewal applications.
§70-6-110. Agents of school authorities - Payment or acceptance of bribes.
§70-6-111. Gratuities or rewards - Unlawful to give.
§70-6-112. Teachers - Gratuities or rewards in connection with employment.
§70-6-113.1. Materials on effective classroom discipline techniques to be furnished.
§70-6-115. Information concerning student - Violation.
§70-6-122.3. See the following versions:
§70-6-122.4. License for Teach for America Program participant - Exemption from residency program.
§70-6-122.5. Alternative Placement teaching certificate - Troops to Teachers.
§70-6-122.6. Temporary teaching certificate.
§70-6-122.11. Issuance of one-year alternative teacher certificate.
§70-6-127A. Public school paraprofessionals.
§70-6-129.1. Minority Teacher Recruitment Advisory Committee.
§70-6-130. Minority Teacher Recruitment Center.
§70-6-131. Teacher recruitment programs.
§70-6-132. Oklahoma Teacher Recruitment Revolving Fund.
§70-6-133. Pilot program for new pathways to teacher certification.
§70-6-149.1. Short title - School Protection Act.
§70-6-149.4. False accusations of criminal activity against education employees - Penalties.
§70-6-149.5. Awarding of costs and attorney fees – Expert witness fees.
§70-6-149.6. Insurance indemnification not a waiver of defenses.
§70-6-149.8. Benefits not lost by leaves of absence due to assault or battery.
§70-6-149.9. Act does not limit other laws.
§70-6-154.1. Renewal of Standard Teaching Certificate.
§70-6-181. Legislative declaration - Interpretation of act.
§70-6-185. Competencies and methods to be incorporated into teacher preparation system.
§70-6-186. Criteria for approval and accreditation of teacher education programs.
§70-6-187. See the following versions:
§70-6-187A. Competency examinations - Refund.
§70-6-187B. Teaching Certification Scholarship Program
§70-6-187C. Teaching Certification Scholarship Revolving Fund
§70-6-187D. Promulgation of rules
§70-6-187v1. Competency examinations.
§70-6-187v2. See the following versions:
§70-6-189. Certification system.
§70-6-189.2. School psychologist or psychometrist - Certification.
§70-6-190. Qualifications for teacher employment and certification.
§70-6-190.1. Extension of provisional speech-language certificates.
§70-6-190.2. Teacher Empowerment Revolving Fund.
§70-6-192. Professional development - Legislative intent.
§70-6-193. Funding for professional development programs.
§70-6-194. District professional development programs.
§70-6-194.2. Scholarships for attending Great Expectations Summer Institutes for Teachers.
§70-6-195.2. Mathematics professional development programs.
§70-6-196. Review of contracts with professional development centers.
§70-6-197. Persons subject to certification procedures.
§70-6-200. Professional development institutes.
§70-6-204.2. Education Leadership Oklahoma program.
§70-6-204.3. Education Leadership Oklahoma Revolving Fund.
§70-6-204.4. Oklahoma National Board Certification Revolving Fund.
§70-6-204.5. Professional Development Institutes Revolving Fund.
§70-6-207. Oklahoma Mathematics Improvement Program.
§70-6-210. Inner City Schools Rescue program.
§70-6-211. Educator supply-and-demand study.
§70-6-212. Micro-credential program .
§70-7-101. Boundaries - Petition or resolution to change - Election.
§70-7-103. Annexation or disorganization - Assumption of bonded indebtedness.
§70-7-104. Division of property - Debts and obligations.
§70-7-106. Buildings - Rented, moved, or sold.
§70-7-107. Disposition of property.
§70-7-108. Federally owned reservations - Annexations.
§70-7-202. Application of act.
§70-7-203. School Consolidation Assistance Fund.
§70-7-204. Preference for allocations from funds.
§70-7-205. Exceptions to certification requirements - Priority for placement assistance services.
§70-8-101.2. Transfer of student from residential school district.
§70-8-103. Application for transfer - Procedure.
§70-8-103.1. See the following versions:
§70-8-103.2. Extramural athletic competition for transfer student not residing in district.
§70-8-106. School dispensed with - Transfer of pupils - Annexation.
§70-8-113. Transfer to district where parent or legal guardian is employed.
§70-9-101. Transportation provided.
§70-9-101.1. Inspection of transportation equipment - Official inspector.
§70-9-103. Purchase or contract for use of vehicles - Lettering.
§70-9-104. Transportation equipment - Definitions - Construction and maintenance - Colors - Penalty.
§70-9-106. Insurance to pay damages - Actions against school district.
§70-9-108. Additional transportation - Expenses.
§70-9-109. Price list and description of transportation equipment.
§70-9-110. Special Transportation Revolving Fund.
§70-9-112. Lease of equipment.
§70-9-113. Rental value of equipment.
§70-9-114. Sale of units of equipment after lease for one year.