Okla. Stat. tit. 70, § 70-18-114.9
This is the official text of Okla. Stat. tit. 70, § 70-18-114.9, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.
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Reduction of teacher's salary and fringe benefit
Official statutory text
level from one school year to the next – Violation – Forfeiture and
withholding of State Aid – Filing of complaints.
A. If a teacher, as defined in Section 6-101.3 of this title,
is employed by the same school district for the next school year as
the preceding school year, the total compensation, consisting of
salary and fringe benefits, of the teacher shall not be decreased
the next school year unless the hours or the duties of the teacher
are reduced proportionately. Compensation shall not include one-
time incentive pay that is provided by the school district to a
teacher nor retention incentive pay for returning the next year.
B. Subject to the provisions of this section, any school
district that willfully reduces or has in years previous to
enactment of this section willfully reduced the compensation of a
teacher in violation of subsection A of this section shall forfeit
as a penalty a portion of its State Aid equal to the total amount
that the teacher was underpaid. If the teacher was underpaid for
more than one (1) school year, the amount forfeited shall equal the
cumulative amount that the teacher was underpaid. The amount to be
forfeited shall be deducted from the State Aid payment following
Oklahoma Statutes - Title 70. Schools Page 835
confirmation of the underpayment by the State Department of
Education.
C. In addition to the amount of State Aid forfeited as a
penalty pursuant to subsection B of this section, in order to ensure
that the teacher receives the full amount of unpaid compensation,
the State Department of Education shall withhold an amount which is
equal to the total amount that the teacher was underpaid from the
State Aid payment of the school district and pay the amount directly
to the teacher. The Board shall not withhold an amount for payment
to the teacher pursuant to the subsection if the teacher has
recovered the underpayment pursuant to judicial action.
D. Complaints filed with the State Board of Education pursuant
to this section may be based on alleged underpayments during fiscal
years that began:
1. On or after July 1, 2002; or
2. Before July 1, 2002, if the teacher filed an action to
recover the underpayment in a court of competent jurisdiction before
July 1, 2002.
E. Complaints filed with the State Board of Education alleging
underpayment during fiscal years that began on or after July 1,
2002, shall be filed within one (1) year of the end of the fiscal
year in which the underpayment is alleged to have occurred.
F. Filing a complaint with the State Board of Education
pursuant to this section shall not operate to prohibit a teacher
from filing an action for underpayment in a court of competent
jurisdiction or continuing to pursue an action for underpayment
pending in a court of competent jurisdiction on August 29, 2003.
G. The State Board of Education shall promulgate rules
necessary to implement the provisions of this section. The rules
shall include, but not be limited to, procedures for a teacher to
file a complaint for violation of this section and the Department to
investigate the complaint.
withholding of State Aid – Filing of complaints.
A. If a teacher, as defined in Section 6-101.3 of this title,
is employed by the same school district for the next school year as
the preceding school year, the total compensation, consisting of
salary and fringe benefits, of the teacher shall not be decreased
the next school year unless the hours or the duties of the teacher
are reduced proportionately. Compensation shall not include one-
time incentive pay that is provided by the school district to a
teacher nor retention incentive pay for returning the next year.
B. Subject to the provisions of this section, any school
district that willfully reduces or has in years previous to
enactment of this section willfully reduced the compensation of a
teacher in violation of subsection A of this section shall forfeit
as a penalty a portion of its State Aid equal to the total amount
that the teacher was underpaid. If the teacher was underpaid for
more than one (1) school year, the amount forfeited shall equal the
cumulative amount that the teacher was underpaid. The amount to be
forfeited shall be deducted from the State Aid payment following
Oklahoma Statutes - Title 70. Schools Page 835
confirmation of the underpayment by the State Department of
Education.
C. In addition to the amount of State Aid forfeited as a
penalty pursuant to subsection B of this section, in order to ensure
that the teacher receives the full amount of unpaid compensation,
the State Department of Education shall withhold an amount which is
equal to the total amount that the teacher was underpaid from the
State Aid payment of the school district and pay the amount directly
to the teacher. The Board shall not withhold an amount for payment
to the teacher pursuant to the subsection if the teacher has
recovered the underpayment pursuant to judicial action.
D. Complaints filed with the State Board of Education pursuant
to this section may be based on alleged underpayments during fiscal
years that began:
1. On or after July 1, 2002; or
2. Before July 1, 2002, if the teacher filed an action to
recover the underpayment in a court of competent jurisdiction before
July 1, 2002.
E. Complaints filed with the State Board of Education alleging
underpayment during fiscal years that began on or after July 1,
2002, shall be filed within one (1) year of the end of the fiscal
year in which the underpayment is alleged to have occurred.
F. Filing a complaint with the State Board of Education
pursuant to this section shall not operate to prohibit a teacher
from filing an action for underpayment in a court of competent
jurisdiction or continuing to pursue an action for underpayment
pending in a court of competent jurisdiction on August 29, 2003.
G. The State Board of Education shall promulgate rules
necessary to implement the provisions of this section. The rules
shall include, but not be limited to, procedures for a teacher to
file a complaint for violation of this section and the Department to
investigate the complaint.
Status: in_force · Read it on the official government site
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