Okla. Stat. tit. 70, § 70-3-129.8: Waiver of provisions in collective bargaining

agreement.

A. 1. On and after the date on which the State Board of

Education approves a school, zone, or district as an empowered

school, zone, or district, any collective bargaining agreement of

the empowered school, zone, or district shall include a provision

that allows each empowered school, zone, or district to waive any

provisions of the collective bargaining agreement identified in the

empowerment plan as needing to be waived for the empowered school,

zone, or district to implement its identified innovations.

2. For an empowered school, waiver of one or more of the

provisions of the collective bargaining agreement shall be based on

obtaining the approval, by means of a secret ballot vote, of at

least sixty percent (60%) of the members of the collective

bargaining unit who are employed at the empowered school.

3. For an empowered school zone or district, waiver of one or

more of the provisions of the collective bargaining agreement shall

be based on obtaining, at each school included in the empowered

school zone or district, the approval, by means of a secret ballot

vote, of at least sixty percent (60%) of the members of the

collective bargaining unit who are employed in the zone or district.

The school district board of education for the empowered zone or

district may choose to revise the plan for creating an empowered

zone or district to remove from the zone or district any school in

which at least sixty percent (60%) of the members of the collective

bargaining unit employed at the school do not vote to waive the

identified provisions of the collective bargaining agreement.

4. If a school district board of education, in collaboration

with the empowered school, zone, or district, revises the

empowerment plan, as provided in Section 9 of this act, and the

revisions include changes to the identified provisions of the

collective bargaining agreement that need to be waived to implement

the innovations that are included in the empowerment plan, the

school district board of education shall seek such additional

waivers or revision or revocation of the existing waivers of

provisions of the collective bargaining agreement as are necessary

to implement the revised empowerment plan. Any changes to waivers,

or additional waivers, of the identified provisions of the

collective bargaining agreement shall be subject to approval in the

same manner as provided in paragraphs 2 and 3 of this subsection for

the initial approval of waivers of provisions of the collective

bargaining agreement.

5. Except as otherwise provided in paragraph 4 of this

subsection, waiver of identified provisions of a collective

bargaining agreement for an empowered school, zone, or district

pursuant to this subsection shall continue as long as the school,

zone, or district remains an empowered school, zone, or district. A

waiver approved pursuant to this subsection shall continue to apply

to any substantially similar provision that is included in a new or

renewed collective bargaining agreement for the schools of the

empowered school, zone, or district.

B. A person who is a member of the collective bargaining unit

and is employed at an empowered school or zone may request a

transfer to another public school in the district. The school

district board of education shall make every reasonable effort to

accommodate the request of the person.