SERVICE OF LEGAL PAPERS ON TECHNOLOGY CENTER GROUNDS DURING SCHOOL HOURS

Board of Education Section 3

Policy 3.20

The Board of Education recognizes the importance the judicial system plays in the United States, and that its employees, like other citizens, have a role to play in the administration of justice. The Board also recognizes that service of legal papers on its employees during the instruction day can (a) materially disrupt the educational process for both students and staff, (b) pose security risks, and (c) adversely affect the conduct of business on technology center property. Moreover, the delivery of legal documents to a technology center site or technology center employee may trigger important timelines and other legal obligations, which if not dealt with in a timely manner, can have serious consequences for the technology center or the person to whom the document should ultimately be delivered.  

Time Limitation and Required Authorizations

To minimize these risks and to create the best possible educational environment, the technology center will not make employees available for service of legal papers on the grounds of any technology center property between the workday hours of 7:30 a.m. and 5:00 p.m. No person, not authorized to accept service for another individual or the technology center, may accept service on behalf of the technology center, Board of Education and/or the Superintendent, or another staff member. In instances in which a staff member has requested service of legal papers at work, the staff member must notify the campus director in writing of the authorization for service.  

Service of Legal Papers

Persons seeking to serve legal papers, including but not limited to subpoenas, on employees during the prohibited time will, upon request, be advised of this policy and provided a copy or electronic address for the policy. Should an individual seeking to serve legal papers refuse to leave technology center property after being informed of this policy, or an individual repeatedly violates this policy, the technology center reserves the right to restrict the individual’s access to technology center property in accordance with OKLA. STAT. tit. 21, §§ 13751376, OKLA. STAT. tit. 70 § 24-131.

Technology center employees that are aware of center or student-related proceedings at which they may be called to testify are to notify the administration as soon as possible and coordinate with the campus director or other administrators to avoid disruption if they are subpoenaed.

Testimony in Civil Matters

In the event employees are contacted directly by an attorney or any other individual regarding testimony concerning a technology center or technology center student matter, they should direct that person to their campus director or other member of the administration for further coordination. This duty to inform and contact the campus director does not apply in instances in which the contacts with the employee concern legal matters personal to the employee, his/her employment, or the employee’s child.  

Law Enforcement

Law enforcement personnel seeking to serve legal papers mandated by a court of competent jurisdiction should contact the campus director in advance to arrange an appointment. At that time, the campus director may elect to make the employee available to receive service of process. 

Witness Fee Due Technology Center

Business and Auxiliary Services Board of Education Policy 3.20 Pursuant to OKLA. STAT. tit. 28, § 84.1(B), the technology center shall be paid a witness fee equal to the amount of a substitute teacher cost, not to exceed $100 any time a technology center employee is subpoenaed to appear as a witness in a civil court proceeding. Such payment shall be made well in advance of any technology center employee’s attendance at a proceeding.

FERPA/Privacy Compliance

Administrators who become aware of the need for a technology center employee to testify in a civil proceeding should evaluate the nature of prospective testimony in order to ensure that such testimony will not violate FERPA mandates and/or Oklahoma confidentiality laws. If there are any concerns that an employee’s testimony could violate privacy laws (including FERPA), the technology center’s administrative office should be notified. 

Adopted July 1, 2022

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