Oklahoma Statutes

Okla. Stat. tit. 70, § 6-101.40 (2026)

Suspension, demotion, termination or nonreemployment

✓ current as of July 2026
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for cause of support employee. A support employee who has been employed by a local board of education for more than one (1) year shall be subject to suspension, demotion, termination or nonreemployment only for cause, as designated by the policy of the local board of education, adopted as provided in Section 6-101.43 of this title. This section shall not be construed to prevent layoffs for lack of funds or work. For purposes of this act, "support employee" means a full-time employee of a school district as determined by the standard period of labor which is customarily understood to constitute full-time employment for the type of services performed by the employee who is employed a minimum of one hundred seventy-two (172) days and who provides those services, not performed by professional educators or certified teachers, which are necessary for the efficient and satisfactory functioning of a school district and shall not include adult education instructors or adult coordinators employed by technology center school districts. Added by Laws 1981, c. 122, § 1, eff. Jan. 1, 1982. Amended by Laws 1985, c. 143, § 3, eff. July 1, 1985. Renumbered from § 24-133 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 119, operative July 1, 1990. Amended by Laws 1993, c. 215, § 2, emerg. eff. May 24, 1993; Laws 1993, c. 360, § 8, eff. July 1, 1993; Laws 2001, c. 33, § 79, eff. July 1, 2001; Laws 2014, c. 124, § 6, eff. July 1, 2014. NOTE: Laws 1993, c. 20, § 1 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1998–2026 · leading case: Weeks v. Indep. Sch. Dist. No. I-89, 230 F.3d 1201 (10th Cir. 2000).
Weeks v. Indep. Sch. Dist. No. I-89, 230 F.3d 1201 (10th Cir. 2000). “Okla. Stat. Ann. tit. 70, § 6-101.40 . The Oklahoma School Code provides for the following collective bargaining units: 1.”
Ahlschlager v. Lawton Sch. Dist., 2010 OK 41, 242 P.3d 509. “Okla. Stat. tit. 70, § 6-101.40 (2001). The statute provides further: "This section shall not be construed to prevent layoffs for lack of funds or *516 work.”
In re the Non-Reemployment of Isch v. Oklahoma Indep. Sch. Dist. No. I-89, 1998 OK CIV APP 90, 963 P.2d 18. “70 O.S.Supp. 1993 § 6-101.40. Regarding the non-reemployment of support employees, § 6-101.”
Bunch v. Indep. Sch. Dist. No. 1-050, 435 F. App'x 784 (10th Cir. 2011). “Nevertheless, she claims a property right in her support-employee contract because it contains employment security provisions consistent with Okla. Stat. tit. 70, § 6-101.40 , which allows full-time school-district support employees to be discharged only for cause.”
Slinkard, No. 4:23-cv-00354 (N.D. Okla. June 15, 2026). · cites it 2× “23-cv-354 under Okla. Stat. tit. 70 § 6-101.40 who were employed by a school district for more than 172 days.”
Slinkard, No. 4:23-cv-00354 (N.D. Okla. May 4, 2026). “It also establishes that “[a]fter any suspension or prior to any demotion, termination or nonreemployment, a support employee shall receive notice of the right to a hearing” and that “Tf Jailure to request a hearing within ten (10) working days of such notice shall be considered…”
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