{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1419a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1419a","heading":"Dismissal or nonrenewal of contract of career teacher or","body":"administrative personnel other than principal – Trial de novo.\n\nA. A career teacher, as described in Section 1419 of Title 10\n\nof the Oklahoma Statutes, or any administrative personnel other than\n\na superintendent who has been dismissed or whose contract has not\n\nbeen renewed shall be entitled to a trial de novo in the district\n\ncourt of the county in which the school is located.\n\nB. In the event that a career teacher is dismissed or the\n\nteacher’s contract is not renewed, the Director of the State\n\nDepartment of Rehabilitation Services shall notify the teacher of\n\nthe right to trial de novo within ten (10) days of receipt of the\n\nfinal order of the Director.\n\nC. Within ten (10) days of receipt of the notification of the\n\nright to a trial de novo, the career teacher may file a petition for\n\na trial de novo.\n\nUpon filing the petition, the court clerk shall issue a summons\n\nand cause service by mail to be made upon the State Department of\n\nRehabilitation Services by certified mail, restricted delivery with\n\nreturn receipt requested, or substitute process as provided by law.\n\nD. If, within the ten-day period, the career teacher fails to\n\nfile a petition for a trial de novo concerning the dismissal or\n\nnonreemployment, the teacher shall be deemed to have waived the\n\nright to trial de novo and the decision of the Director to dismiss\n\nor not to renew the contract shall be final.\n\nE. The Department shall serve its answer within twenty (20)\n\ndays of the service of summons and petition upon it. The trial de\n\nnovo shall be scheduled at the earliest possible date which will\n\npermit both parties adequate time to prepare for a just trial of the\n\nissues involved; provided, however, said trial de novo shall be\n\nscheduled and held not less than ten (10) days and no later than\n\nthirty (30) days after the answer has been filed.\n\nF. Except as otherwise provided specifically in this section,\n\nthe law generally applicable to civil suits filed in district court\n\nshall apply to the proceedings for trial de novo under this section.\n\nAt the trial de novo the standard of proof shall be by the\n\npreponderance of the evidence and the burden of proof shall be on\n\nthe State Department of Rehabilitation Services to establish de novo\n\nthat the career teacher’s dismissal or nonreemployment is warranted.\n\nThe trial de novo shall proceed as a nonjury trial before the court.\n\nThe court shall determine de novo all issues of fact and law\n\nnecessary for full adjudication of the dispute at the trial. The\n\ncourt shall not, by applying principles of collateral estoppel or\n\nres adjudicata or otherwise, give preclusive effect to findings of\n\nfact of determinations of the Director with regard to the issue\n\nnecessary to determine the adequacy of the dismissal or\n\nnonreemployment of the career teacher in the trial de novo. Within\n\nthree (3) days following the conclusion of the trial de novo, the\n\njudge shall prepare written findings of fact and conclusions of law\n\nand shall enter judgment directing either of the following:\n\n1. That the State Department of Rehabilitation Services\n\nreinstate the career teacher with full employment status and\n\nbenefits; or\n\n2. That the decision of the State Department of Rehabilitation\n\nServices for the dismissal or nonreemployment of the career teacher\n\nbe sustained.\n\nG. The time limits set forth in this section for the\n\nproceedings before the district court may be extended by mutual\n\nagreement of the parties with the approval of the district court.\n\nH. The decision of the district court shall be final and\n\nbinding upon the career teacher and the State Department of\n\nRehabilitation Services unless the teacher or the Department appeals\n\nthe decision of the district court in the manner provided by law for\n\nthe appeal of civil cases from the district court.\n\nI. This section shall not apply to the following:\n\n1. Superintendents;\n\n2. Instructional personnel serving under a temporary contract\nbe final and\n\nbinding upon the career teacher and the State Department of\n\nRehabilitation Services unless the teacher or the Department appeals\n\nthe decision of the district court in the manner provided by law for\n\nthe appeal of civil cases from the district court.\n\nI. This section shall not apply to the following:\n\n1. Superintendents;\n\n2. Instructional personnel serving under a temporary contract\n\nor as a substitute teacher as defined in Section 6-105 of Title 70\n\nof the Oklahoma Statutes; and\n\n3. Probationary teachers.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5d7cfd7850e2e9bde9ea11f41e46a7923dadb09dda29f52334aea3322881c2a3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1419","next":"us-ok/okla.-stat.-tit.-10-10-1420"},"notice":"GroundRules: Original legal text. Not legal advice."}