Okla. Stat. tit. 70, § 70-509.7

A procedure for resolving impasses will be developed by the

board of education and the representatives of the organization.

Said procedure shall include the actions set forth in this section

and may include such other actions as are agreed to by both parties.

Unless otherwise provided for by law, "days" means calendar days.

Time limits set forth herein may be extended by mutual agreement of

the parties.

A. If negotiations are not successfully concluded by the first

day of school, impasse shall exist. At any earlier time, either

party may declare impasse. Upon reaching of impasse, the items

causing the impasse shall be referred to a three-member fact-finding

committee. This committee shall consist of:

1. One member who shall be selected by the representatives of

the organization within five (5) days after the reaching of impasse;

2. One member who shall be selected by the local board of

education within five (5) days after the reaching of impasse; and

3. One member who shall serve as chairperson of the committee

and shall be selected as follows:

a. The State Board of Education shall appoint as fact-

finders not less than twenty nor more than thirty

persons to be placed on the State Superintendent's

list of fact-finders. The appointees must reside in

Oklahoma, must be neutral and unbiased and must be

knowledgeable in the fields of school operations,

school finance, personnel management, dispute

resolution and hearing procedures. The appointees

shall not currently be elected public officers or

employees of a board of education or officers or

employees of an organization of education employees.

No person who is related within the second degree by

consanguinity or affinity to an elected public

officer, to an employee of the local board of

education that is involved in the impasse, or to an

employee of an organization of education employees

shall be eligible to serve as a fact-finder.

Oklahoma Statutes - Title 70. Schools Page 1016

b. An appointee shall serve until such appointee resigns

or is removed by the State Board of Education from the

State Superintendent's list of fact-finders. An

appointee must be removed immediately if he or she

becomes an elected public officer or employee of a

board of education or an officer or employee of an

organization of education employees.

c. Within ten (10) days of being notified that a fact-

finder is needed, the State Superintendent of Public

Instruction or designee shall provide the names of

five potential fact-finders selected at random from

the list of appointees who are available to serve as a

member and the chairperson of the committee. The

parties shall select the fact-finder from the five

names within fifteen (15) days after receiving the

list of fact-finders.

d. It shall be the responsibility of the State Board of

Education to establish rules, regulations, training,

hearing procedures, and payment schedules to implement

the provisions of this paragraph.

B. Within five (5) days after the selection of the chairperson,

the representatives who have been negotiating for the board and for

the organization shall meet to exchange written language on each

item at impasse. The exchanged documents shall also be furnished by

each party to the chairperson and other members of the committee.

C. The chairperson shall convene the committee for fact

finding. This committee shall meet with the representatives of both

parties. Within twenty (20) days after the chairperson is selected,

the committee shall present written recommendations to the local

board and to the organization.

D. If either party decides it must reject one or more of the

committee's recommendations, said party must, within seven (7) days

after the committee has presented its recommendations, request a

meeting of the representatives who have been negotiating for the

board and for the organization. The parties shall meet within seven
written recommendations to the local

board and to the organization.

D. If either party decides it must reject one or more of the

committee's recommendations, said party must, within seven (7) days

after the committee has presented its recommendations, request a

meeting of the representatives who have been negotiating for the

board and for the organization. The parties shall meet within seven

(7) days of the request, unless both parties deem it unnecessary.

At such meeting, the representatives shall exchange written

statements expressing each party's rationale for rejecting each

recommendation found unacceptable and shall attempt to clarify any

remaining differences. The representatives shall then resume good

faith effort to resolve the remaining differences; provided, after

fourteen (14) days after the exchange of the written statements,

either party may discontinue such effort.

E. The local board shall file a copy of the fact-finding report

with the office of the State Superintendent of Public Instruction.

If the effort to resolve differences is successful, the parties

shall draft a written agreement and present the agreement to both

Oklahoma Statutes - Title 70. Schools Page 1017

parties for ratification, and such agreement shall also be forwarded

to the State Superintendent of Public Instruction. If the effort to

resolve differences is unsuccessful, the local board of education

shall forward to the State Superintendent of Public Instruction in

writing its final disposition of the negotiations impasse process

within thirty (30) days of the effective date of implementation.