{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-18-114.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-18-114.9","heading":"Reduction of teacher's salary and fringe benefit","body":"level from one school year to the next – Violation – Forfeiture and\n\nwithholding of State Aid – Filing of complaints.\n\nA. If a teacher, as defined in Section 6-101.3 of this title,\n\nis employed by the same school district for the next school year as\n\nthe preceding school year, the total compensation, consisting of\n\nsalary and fringe benefits, of the teacher shall not be decreased\n\nthe next school year unless the hours or the duties of the teacher\n\nare reduced proportionately. Compensation shall not include one-\n\ntime incentive pay that is provided by the school district to a\n\nteacher nor retention incentive pay for returning the next year.\n\nB. Subject to the provisions of this section, any school\n\ndistrict that willfully reduces or has in years previous to\n\nenactment of this section willfully reduced the compensation of a\n\nteacher in violation of subsection A of this section shall forfeit\n\nas a penalty a portion of its State Aid equal to the total amount\n\nthat the teacher was underpaid. If the teacher was underpaid for\n\nmore than one (1) school year, the amount forfeited shall equal the\n\ncumulative amount that the teacher was underpaid. The amount to be\n\nforfeited shall be deducted from the State Aid payment following\n\nconfirmation of the underpayment by the State Department of\n\nEducation.\n\nC. In addition to the amount of State Aid forfeited as a\n\npenalty pursuant to subsection B of this section, in order to ensure\n\nthat the teacher receives the full amount of unpaid compensation,\n\nthe State Department of Education shall withhold an amount which is\n\nequal to the total amount that the teacher was underpaid from the\n\nState Aid payment of the school district and pay the amount directly\n\nto the teacher. The Board shall not withhold an amount for payment\n\nto the teacher pursuant to the subsection if the teacher has\n\nrecovered the underpayment pursuant to judicial action.\n\nD. Complaints filed with the State Board of Education pursuant\n\nto this section may be based on alleged underpayments during fiscal\n\nyears that began:\n\n1. On or after July 1, 2002; or\n\n2. Before July 1, 2002, if the teacher filed an action to\n\nrecover the underpayment in a court of competent jurisdiction before\n\nJuly 1, 2002.\n\nE. Complaints filed with the State Board of Education alleging\n\nunderpayment during fiscal years that began on or after July 1,\n\n2002, shall be filed within one (1) year of the end of the fiscal\n\nyear in which the underpayment is alleged to have occurred.\n\nF. Filing a complaint with the State Board of Education\n\npursuant to this section shall not operate to prohibit a teacher\n\nfrom filing an action for underpayment in a court of competent\n\njurisdiction or continuing to pursue an action for underpayment\n\npending in a court of competent jurisdiction on August 29, 2003.\n\nG. The State Board of Education shall promulgate rules\n\nnecessary to implement the provisions of this section. The rules\n\nshall include, but not be limited to, procedures for a teacher to\n\nfile a complaint for violation of this section and the Department to\n\ninvestigate the complaint.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"31b7f4304c00c4e016e7828c61cad45e5a5ac2db70b86dbeea24cad32f1e9a42","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-18-114.8","next":"us-ok/okla.-stat.-tit.-70-70-18-115"},"notice":"GroundRules: Original legal text. Not legal advice."}