Okla. Stat. tit. 70, § 70-18-114.9: Reduction of teacher's salary and fringe benefit

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

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.