Okla. Stat. tit. 70, § 70-5-113.1
This is the official text of Okla. Stat. tit. 70, § 70-5-113.1, 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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Relation by consanguinity or affinity with school
Official statutory text
board member prohibited in employment or contracts - Exemptions -
Executive sessions of board - Collective bargaining agreements.
A. Except as otherwise provided in this section, no person may
be employed or put under contract by a school district if that
person is related to a member of the board of education of that
school district within the second degree of consanguinity or
affinity. A teacher or employee already under contract to or
otherwise employed by the school district at the time the
relationship is established may continue in said employment. Except
as otherwise provided, a board member already serving at the time
the relationship is established may serve out the term for which the
member was elected but shall not be eligible to be a candidate for
or serve successive terms of office for which the member may be
elected.
B. The provisions of this section shall not prevent a board
member from serving successive terms of office if otherwise eligible
under the provision of Section 5-113 of this title. No member of
the board of education who has resigned from the board before the
term of the person has expired may be reappointed to the board to
complete the remainder of the term if a teacher or employee related
to the resigned member of the board within the second degree of
consanguinity or affinity was put under contract or otherwise
employed by the school district after the board member resigned.
C. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district as a substitute teacher pursuant to the
provisions of Section 6-105 of this title or as a temporary
substitute support employee if the school district has an Average
Daily Membership (ADM) of less than five thousand (5,000).
D. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district if the school district has an Average Daily
Membership (ADM) of less than four hundred (400) and the board of
education has adopted a policy providing for such employment.
E. Any member of a board of education who is related to a
teacher or other employee of the district within the second degree
of consanguinity or affinity shall not attend or participate in any
regular or executive session of the board held to consider any
personnel matter or litigation relating to said teacher or employee.
The member may vote on collective bargaining agreements or the
renewal of contracts as a group if the vote is necessary to form a
quorum of the board of education members. If more than one member
of the board of education is related to a teacher or employee, only
the minimum number of those members which is necessary to form a
Oklahoma Statutes - Title 70. Schools Page 256
quorum shall be allowed to vote. Each board of education so
affected shall adopt a written policy establishing procedures on
when such a member may vote on the renewal of contracts or
collective bargaining agreements.
F. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Executive sessions of board - Collective bargaining agreements.
A. Except as otherwise provided in this section, no person may
be employed or put under contract by a school district if that
person is related to a member of the board of education of that
school district within the second degree of consanguinity or
affinity. A teacher or employee already under contract to or
otherwise employed by the school district at the time the
relationship is established may continue in said employment. Except
as otherwise provided, a board member already serving at the time
the relationship is established may serve out the term for which the
member was elected but shall not be eligible to be a candidate for
or serve successive terms of office for which the member may be
elected.
B. The provisions of this section shall not prevent a board
member from serving successive terms of office if otherwise eligible
under the provision of Section 5-113 of this title. No member of
the board of education who has resigned from the board before the
term of the person has expired may be reappointed to the board to
complete the remainder of the term if a teacher or employee related
to the resigned member of the board within the second degree of
consanguinity or affinity was put under contract or otherwise
employed by the school district after the board member resigned.
C. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district as a substitute teacher pursuant to the
provisions of Section 6-105 of this title or as a temporary
substitute support employee if the school district has an Average
Daily Membership (ADM) of less than five thousand (5,000).
D. The provisions of this section shall not prevent a person
who is related to a member of the board of education within the
second degree of consanguinity or affinity from being employed by
the school district if the school district has an Average Daily
Membership (ADM) of less than four hundred (400) and the board of
education has adopted a policy providing for such employment.
E. Any member of a board of education who is related to a
teacher or other employee of the district within the second degree
of consanguinity or affinity shall not attend or participate in any
regular or executive session of the board held to consider any
personnel matter or litigation relating to said teacher or employee.
The member may vote on collective bargaining agreements or the
renewal of contracts as a group if the vote is necessary to form a
quorum of the board of education members. If more than one member
of the board of education is related to a teacher or employee, only
the minimum number of those members which is necessary to form a
Oklahoma Statutes - Title 70. Schools Page 256
quorum shall be allowed to vote. Each board of education so
affected shall adopt a written policy establishing procedures on
when such a member may vote on the renewal of contracts or
collective bargaining agreements.
F. Any member of a board of education who violates the
provisions of this section shall be subject to the penalties
prescribed by Sections 485 and 486 of Title 21 of the Oklahoma
Statutes.
Status: in_force · Read it on the official government site
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