Okla. Stat. tit. 70, § 70-6-101.25

in writing - Basis or grounds.

A. Whenever a superintendent decides to recommend that a

teacher or administrator employed within the school district be

dismissed or not reemployed, the superintendent shall state the

recommendation in writing, setting forth the basis for the

Oklahoma Statutes - Title 70. Schools Page 360

recommendation, and shall submit such recommendation to the board of

education.

If the teacher subject to such recommendation is a career

teacher, the recommendation shall specify the statutory grounds for

which the recommendation is based.

If the teacher subject to such recommendation is a probationary

teacher, the recommendation shall specify the cause for which the

recommendation is based.

The superintendent shall also specify the underlying facts

supporting the recommendation.

B. 1. If the recommendation includes grounds that could form

the basis of criminal charges sufficient to result in the denial or

revocation of a certificate for a reason set forth in subparagraph a

of paragraph 6 of subsection A of Section 3-104 of this title, or if

the recommendation includes a reason set forth in subparagraph a of

paragraph 6 of subsection A of Section 3-104 of this title and is

based on an agreement between the teacher or administrator and

school district to avoid civil litigation or a settlement of a civil

action unless the court orders the terms of such settlement to be

kept confidential, a copy of the recommendation shall also be

forwarded to the State Board of Education when the recommendation is

made pursuant to the due process procedures provided for in Section

6-101.26 of this title, regardless of whether the teacher or

administrator resigns before or after a termination recommendation

is made, provided that the resignation occurs while the teacher or

administrator is under investigation for conduct that could form the

basis for criminal charges or certificate revocation. A report of

such resignation including any investigatory findings to date shall

be forwarded to the State Board of Education. Failure to forward a

copy of the recommendation to the State Board of Education shall not

be the basis for any claim or action against a public school, its

board of education, employees, agents, or other representatives. If

the school district forwards a copy of the recommendation to the

State Board of Education, the school district shall

contemporaneously forward a copy to the teacher or administrator

subject to such recommendation. The teacher or administrator may

provide supplementary information to the State Board of Education.

2. If the investigation into the conduct of the teacher or

administrator concludes without findings to support criminal

charges, certificate revocation, or termination, the individual’s

report shall be expunged from State Board of Education records and

written notification of the clearance shall be sent to all affected

parties.

C. Only school districts may request a copy of the

recommendation from the State Board of Education, and only if a

teacher or administrator is being considered for new employment or a

teacher or administrator is currently employed by the requesting

Oklahoma Statutes - Title 70. Schools Page 361

school district. The State Board of Education shall notify the

teacher or administrator subject to the recommendation if such a

request is made and provide the identity of the school district that

made such request. The teacher or administrator subject to the

recommendation shall retain the right to provide supplementary

information to the State Board of Education to accompany any

documents requested. The State Board of Education shall provide the

requesting school district documents related to the recommendation

as well as any supplementary information provided by the teacher or

administrator subject to the recommendation, and copies shall be

contemporaneously forwarded to the teacher or administrator subject
nformation to the State Board of Education to accompany any

documents requested. The State Board of Education shall provide the

requesting school district documents related to the recommendation

as well as any supplementary information provided by the teacher or

administrator subject to the recommendation, and copies shall be

contemporaneously forwarded to the teacher or administrator subject

to the recommendation. Records provided to a requesting school

district pursuant to this subsection shall be kept confidential.

D. Except as provided for in subsection C of this section, the

State Board of Education shall keep recommendations submitted

pursuant to subsection B of this section confidential. Records

created pursuant to this section shall not be subject to disclosure

under the Oklahoma Open Records Act.

E. If the State Board of Education or a school district that

generated or received documents pursuant to subsection C of this

section is served a subpoena requesting disclosure of the documents,

the teacher or administrator subject to the recommendation shall

immediately be notified and be provided the opportunity to object to

the subpoena.