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BAILEY v. INDEPENDENT SCHOOL DIST. NO. I-29

No. 109,031.

256 P.3d 57 (2011)

2011 OK 37

Debra A. BAILEY, Elizabeth L. Ballard, Pattipeg S. Harjo, Daniel T. Harris, Deborah A. Hill, Gariann Jacobs, Barbara Sue Madole, Teresa McIntyre, Victoria R. Wood and Professional Educators of Norman, Plaintiffs/Appellants, v. INDEPENDENT SCHOOL DIST. NO. I-29 OF CLEVELAND COUNTY, OKLAHOMA, a/k/a Norman Public Schools, Defendant/Appellee.

Supreme Court of Oklahoma.

May 3, 2011.

Attorney(s) appearing for the Case

Richard B. Wilkinson , Oklahoma City, Oklahoma, for Plaintiffs/Appellants.

Robert L. Pendarvis , Mary Robertson , Oklahoma City, Oklahoma, for Defendant/Appellee.

KAUGER, J.:

¶ 1 We must decide whether a school district may deduct employer withholding taxes from teacher bonuses paid pursuant to the Education Leadership Oklahoma Act1 when the state lacks sufficient funds to pay the bonuses and the taxes. We hold that it may.

FACTS

¶ 2 Subject to the availability of funds, the State Department of Education (SDE) is authorized to...

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