1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1450 By: Provenzano |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to teachers; amending 70 O.S. 2021, |
| Section 3-121, which relates to funds appropriated to |
8| the State Board of Education; deleting statutory |
| reference; amending 70 O.S. 2021, Section 3-129.11, |
9| which relates to the School District Empowerment |
| Program; deleting statutory reference; amending 70 |
10| O.S. 2021, Sections 6-101.11 and 6-101.16, which |
| relate to teacher evaluations; striking provision |
11| providing for release of certain data; deleting |
| statutory reference; deleting individualized program |
12| of professional development requirement; amending 70 |
| O.S. 2021, Sections 6-101.21, 6-101.23, and 6-101.24, |
13| which relate to the Teacher Due Process Act of 1990; |
| striking statutory reference; deleting reference to |
14| certain evaluation provisions; removing statutory |
| citation; amending 70 O.S. 2021, Section 6-101.31, |
15| which relates to teacher evaluation ratings; deleting |
| statutory reference; repealing 70 O.S. 2021, Section |
16| 6-101.10, which relates to school district evaluation |
| policies; and providing an effective date. |
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18| |
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19| |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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21| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-121, is |
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22|amended to read as follows: |
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23| |
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1| Section 3-121. A portion of the funds appropriated to the State |
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2|Board of Education for the Administrative and Support Functions of |
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3|the State Department of Education shall be expended for: |
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4| 1. The cost involved in administering, scoring, reporting and |
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5|other incidental duties necessary to accomplish the provisions of |
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6|the Oklahoma School Testing Program Act; |
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7| 2. Preschool deaf education programs operated by the State |
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8|Department of Education; and |
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9| 3. Conducting training workshops for administrative personnel |
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10|pursuant to the provisions of Section 6-101.10 of this title. |
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11| SECTION 2. AMENDATORY 70 O.S. 2021, Section 3-129.11, is |
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12|amended to read as follows: |
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13| Section 3-129.11 A. There is hereby established the School |
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14|District Empowerment Program which shall be administered by the |
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15|State Board of Education. The purpose of the program is to empower |
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16|locally elected school board members to govern school districts and |
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17|make decisions based on the needs of their students and |
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18|circumstances. |
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19| B. 1. Subject to the provisions of this section, a school |
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20|district shall be allowed to submit a request to the State Board of |
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21|Education for an exemption from all statutory requirements and State |
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22|Board of Education rules from which charter schools are exempt, as |
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23|provided for in the Oklahoma Charter Schools Act. Any request for |
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24|exemption shall include a plan which outlines the goals sought to be |
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1|achieved at a minimum, include including the educational and fiscal |
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2|benefits and the anticipated impacts or outcomes the plan will have |
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3|in the district. |
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4| 2. Within ninety (90) days after receiving the request and |
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5|plan, the State Board shall approve or disapprove the request. If |
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6|the State Board does not approve the request, it shall provide to |
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7|the school district a written explanation of the basis for its |
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8|decision. The school district may resubmit an amended request at |
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9|any time after the denial. The request shall be approved by the |
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10|State Board before implementation by the school district. An |
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11|approved request and plan shall be for no longer than three (3) |
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12|years. Prior to the beginning of the third year, the school |
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13|district may apply for renewal of the approved request and plan. |
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14|The school district shall be required to submit an annual report and |
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15|the State Board shall annually assess the academic achievement and |
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16|fiscal status of the school district. |
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17| C. Nothing in this section shall prevent a school district |
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18|board of education from choosing to follow any or all state laws, |
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19|rules or regulations from which a charter school is exempt. A |
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20|school district which has been granted approval by the State Board |
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21|for exemption as set forth in subsection B of this section shall |
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22|have the option to adopt policies to implement any requirement for |
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23|the school district that is consistent with any statutory |
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1|requirement or mandate or State Board rule, but a participating |
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2|school district shall comply with the following requirements: |
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3| 1. Students who reside in the school district shall be entitled |
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4|to attend school in the district as set forth in Section 1-114 of |
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5|this title; |
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6| 2. School districts shall comply with the requirements of the |
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7|minimum salary schedule for teachers as set forth in Section |
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8|18-114.12 18-114.14 of this title; |
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9| 3. Employees of school districts shall continue to participate |
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10|as members of the Teachers' Retirement System of Oklahoma as set |
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11|forth in Section 17-101 et seq. of this title; |
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12| 4. School districts shall comply with the requirement to |
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13|provide a health insurance plan for school district employees as set |
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14|forth in Section 5-117.5 of this title and to establish or make |
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15|available to school district employees a cafeteria plan as set forth |
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16|in Section 26-104 of this title; |
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17| 5. School districts shall require any person employed by the |
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18|school district to file with the district board a current Oklahoma |
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19|criminal history record check from the Oklahoma State Bureau of |
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20|Investigation as well as a national criminal history record check as |
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21|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each |
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22|district shall adopt a policy regarding criminal history record |
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23|checks as set forth in Section 5-142 of this title; |
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24| |
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1| 6. School districts shall comply with the requirement |
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2|requirements to evaluate teachers and to train personnel designated |
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3|to conduct personnel evaluations as set forth in Sections 6-101.10 |
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4|and Section 6-101.11 of this title, the dismissal and due process |
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5|procedures for administrators as set forth in Sections 6-101.13 |
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6|through 6-101.15 of this title and the due process procedures for |
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7|teachers as set forth in Sections 6-101.21 through 6-101.26 of this |
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8|title; |
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9| 7. School districts shall comply with the requirement to make |
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10|payroll deductions for either or both professional organization dues |
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11|and political contributions upon the request of an employee as set |
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12|forth in Section 5-139 of this title; |
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13| 8. School districts shall comply with the dismissal and due |
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14|process procedures for education support employees as set forth in |
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15|Sections 6-101.40 through 6-101.47 of this title; |
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16| 9. School districts shall employ as teachers, counselors, |
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17|librarians, school nurses, superintendents, principals, supervisors |
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18|or any other instructional, supervisory or administrative employee |
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19|only those persons who are certified by the State Board of Education |
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20|in accordance with the Oklahoma Teacher Preparation Act, except for |
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21|persons exempt from the certification requirements as otherwise |
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22|provided by law; |
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23| |
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1| 10. School districts shall provide for negotiations between |
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2|school employees and school districts as set forth in Sections 509.1 |
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3|through 509.11 of this title; |
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4| 11. School districts shall be required to offer and students |
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5|enrolled in the school district shall be required to complete the |
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6|curriculum requirements as set forth in Section 11-103.6 of this |
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7|title; |
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8| 12. Students enrolled in the school district shall be required |
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9|to demonstrate mastery of the state academic content standards as |
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10|set forth in Section 1210.523 of this title; and |
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11| 13. Members of the school district board of education shall be |
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12|required to satisfy the instruction and continuing education |
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13|requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of |
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14|this title. |
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15| SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-101.11, is |
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16|amended to read as follows: |
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17| Section 6-101.11 Whenever any evaluation is made of a teacher |
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18|or administrator, a true copy of the evaluation shall be presented |
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19|to the person evaluated, who shall acknowledge the written |
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20|evaluation by signing the original. Within two (2) weeks after the |
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21|evaluation, the person evaluated may respond and said response shall |
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22|be made part of the record. Except by order of a court of competent |
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23|jurisdiction, evaluation documents and the responses thereto shall |
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24|be available only to the evaluated person, the board of education, |
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1|the administrative staff making the evaluation, the board and |
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2|administrative staff of any school to which such evaluated person |
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3|applies for employment and such other persons as are specified by |
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4|the teacher in writing and shall be subject to disclosure at any |
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5|hearing involving a teacher or administrator's dismissal or |
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6|nonrenewal from employment. Data collected pursuant to Section |
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7|6-101.10 shall be available to authorized representatives of the |
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8|State Department of Education and its contracting designees who must |
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9|be contractually bound to the Department to maintain confidentiality |
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10|of all information received from the Department when such evaluation |
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11|data is used by the Department for data collection/analysis purposes |
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12|under the Oklahoma Teacher and Leader Effectiveness Evaluation |
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13|System, and such other persons as are specified by the teacher in |
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14|writing and shall be subject to disclosure at any hearing involving |
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15|a teacher or administrator's dismissal or nonrenewal from |
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16|employment. |
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17| SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.16, is |
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18|amended to read as follows: |
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19| Section 6-101.16 A. By December 15, 2011, the State Board of |
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20|Education shall adopt a new statewide system of evaluation to be |
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21|known as the Oklahoma Teacher and Leader Effectiveness Evaluation |
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22|System (TLE). The Board shall work cooperatively with school |
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23|districts to incorporate the components of the TLE in all school |
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1|districts by the 2017-2018 school year as provided for in Section |
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2|6-101.10 of this title. |
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3| B. The TLE shall include the following components: |
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4| 1. Annual evaluations that provide feedback to improve student |
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5|learning and outcomes, except as provided for in subsection C of |
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6|this section; |
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7| 2. A five-tier district evaluation rating system as follows: |
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8| a. superior, |
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9| b. highly effective, |
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10| c. effective, |
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11| d. needs improvement, and |
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12| e. ineffective; |
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13| 3. An evidence-based qualitative assessment tool for the |
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14|teacher qualitative portion of the TLE that will include observable |
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15|and measurable characteristics of personnel and classroom practices |
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16|that are correlated to student performance success, including, but |
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17|not limited to: |
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18| a. organizational and classroom management skills, |
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19| b. ability to provide effective instruction, |
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20| c. focus on continuous improvement and professional |
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21| growth, |
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22| d. interpersonal skills, and |
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23| e. leadership skills; |
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24| |
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1| 4. An evidence-based qualitative assessment tool for the leader |
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2|qualitative portion of the TLE that will include observable and |
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3|measurable characteristics of personnel and site management |
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4|practices that are correlated to student performance success, |
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5|including, but not limited to: |
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6| a. organizational and school management, including |
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7| retention and development of effective teachers and |
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8| dismissal of ineffective teachers, |
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9| b. instructional leadership, |
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10| c. professional growth and responsibility, |
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11| d. interpersonal skills, |
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12| e. leadership skills, and |
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13| f. stakeholder perceptions; |
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14| 5. An individualized program of professional development for |
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15|all teachers and administrators as adopted by the school district |
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16|board of education as set forth in subsection B of Section 6-101.10 |
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17|of this title; |
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18| 6. For districts choosing to use, at their own expense, |
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19|quantitative measures of teachers and leaders as part of the |
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20|district evaluation rating, such measures shall include a minimum of |
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21|one reliable, research-based measure as approved by the State Board |
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22|of Education pursuant to subsection D of this section; and |
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23| 7. 6. For all district evaluations, student performance, |
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24|including performance on the statewide criterion-referenced tests if |
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1|available, shall be discussed with the teacher and may be one of the |
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2|considerations for the teacher's district evaluation rating. |
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3| C. Career teachers receiving a district evaluation rating of |
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4|"superior" or "highly effective" under the TLE may be evaluated once |
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5|every three (3) years. |
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6| D. By December 1, 2015, the Teacher and Leader Effectiveness |
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7|Commission shall recommend to the State Board of Education multiple |
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8|reliable, research-based measures to provide a quantitative |
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9|evaluation component for teachers. The State Board of Education |
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10|shall approve and publish a list of approved measures by February 1, |
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11|2016. |
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12| E. A school district with an average daily attendance of more |
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13|than thirty-five thousand (35,000) which has incorporated |
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14|quantitative components of the TLE into its evaluation system of |
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15|teachers and administrators prior to the 2015-2016 school year may |
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16|continue using its evaluation system, as defined by the school |
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17|district's written policies, notwithstanding the provisions of this |
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18|section and regardless of the State Board of Education's adoption of |
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19|quantitative components pursuant to this section. |
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20| F. The State Department of Education shall provide to the |
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21|Oklahoma State Regents for Higher Education and the Oklahoma |
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22|Commission for Educational Quality and Accountability timely |
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23|electronic data linked to teachers and leaders derived from the TLE |
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24|for purposes of providing a basis for the development of |
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1|accountability and quality improvements of the teacher preparation |
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2|system. The data shall be provided in a manner and at such times as |
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3|agreed upon between the Department, the State Regents and the |
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4|Commission. |
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5| G. For purposes of this section, "leader" means a principal, |
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6|assistant principal or any other school administrator who is |
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7|responsible for supervising classroom teachers. |
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8| H. The State Department of Education shall keep all data |
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9|collected pursuant to the TLE and records of annual evaluations |
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10|received pursuant to this section confidential. Records created |
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11|pursuant to this section which identify, in any way, a current or |
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12|former public employee shall not be subject to disclosure under the |
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13|Oklahoma Open Records Act. Nothing in this subsection shall be |
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14|construed to prohibit disclosure otherwise required by this section; |
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15|provided, however, any provisions requiring disclosure of TLE |
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16|records shall be construed narrowly and all individually identifying |
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17|information shall be removed from such records to the fullest extent |
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18|possible. |
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19| SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.21, is |
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20|amended to read as follows: |
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21| Section 6-101.21 A. The State Board of Education shall |
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22|promulgate standards of performance and conduct for teachers. A |
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23|copy of such standards, any amendments to such standards and any |
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24|standards adopted by the board of education of the school district |
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1|shall be provided by the board of education of each school district |
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2|to each teacher on or before April 10 of each year. |
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3| B. The State Board of Education shall include the statutory |
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4|grounds for dismissal and nonreemployment of career teachers within |
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5|this standards document. |
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6| C. Standards which may be adopted by the board of education of |
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7|a school district shall not conflict with state or federal law or |
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8|standards promulgated by the State Board of Education. |
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9| D. In determining whether or not the professional performance |
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10|of a teacher is adequate, the standards adopted by the State Board |
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11|of Education shall be considered. Consideration may be given to any |
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12|written standards of performance which have been adopted by any |
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13|other education-oriented organization or agency. Professional |
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14|performance or conduct of a teacher which is in compliance with |
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15|standards adopted by the State Board of Education or the local board |
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16|of education pursuant to Section 71 of this act shall not be |
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17|considered in support of any dismissal or nonreemployment action |
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18|against the teacher. |
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19| SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.23, is |
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20|amended to read as follows: |
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21| Section 6-101.23 A. The dismissal, suspension and |
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22|nonreemployment provisions of the Teacher Due Process Act of 1990 |
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23|shall not apply to: |
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24| 1. Substitute teachers; |
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1| 2. Adult education teachers; and |
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2| 3. Teachers who are employed on temporary contracts. |
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3| B. The dismissal and suspension provisions of the Teacher Due |
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4|Process Act of 1990 shall apply to teachers who are employed on |
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5|temporary contracts for a complete school year and to teachers who |
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6|are employed in positions fully funded by federal or private |
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7|categorical grants, except that such teachers shall be employed only |
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8|for the duration of the temporary contract or the grant. |
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9| C. The evaluation provisions in Sections 6-101.10 and 6-101.11 |
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10|of this title and in the Teacher Due Process Act of 1990 shall apply |
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11|to teachers who are employed on temporary contracts for a complete |
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12|school year and to teachers who are employed in positions fully |
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13|funded by federal or private categorical grants, except that such |
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14|teachers shall be employed only for the duration of the temporary |
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15|contract or the grant. |
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16| D. Teachers other than those specifically excepted in |
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17|subsection A of this section who are employed on contracts shall be |
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18|afforded all substantive and procedural rights set forth in the |
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19|Teacher Due Process Act of 1990 including the dismissal, suspension, |
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20|and nonreemployment provisions applicable to probationary or career |
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21|teachers as defined in Section 6-101.3 of this title. |
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22| E. D. On and after the effective date of this act any teacher |
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23|who has worked a complete school year under a temporary contract in |
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24| |
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1|a school district shall be granted a year of service credit toward |
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2|career status in that district. |
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3| F. E. No teacher shall be hired on a temporary contract by a |
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4|school district for more than four semesters or on multiple |
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5|temporary contracts by a school district that together are for more |
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6|than four semesters, except for a: |
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7| 1. Teacher hired to replace a teacher who is on an approved |
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8|leave of absence and who is expected to return to employment with |
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9|the school district; or |
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10| 2. Teacher who is a retired member of the Teachers' Retirement |
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11|System of Oklahoma. |
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12| G. F. No teacher shall be offered a temporary contract with a |
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13|school district without a full written disclosure at the time a |
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14|position is offered by the administration of the school district |
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15|which sets forth the terms and conditions of the temporary contract. |
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16| In the event the school district fails to provide such written |
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17|disclosure, the teacher shall be considered as employed on a |
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18|continuing contract basis. |
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19| H. G. On and after the effective date of this act no teacher |
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20|who is employed on a continuing contract basis by a school district |
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21|shall be reemployed on a temporary contract in that school district. |
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22| SECTION 7. AMENDATORY 70 O.S. 2021, Section 6-101.24, is |
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23|amended to read as follows: |
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24| |
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1| Section 6-101.24 A. Upon full implementation of the Oklahoma |
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2|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
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3|forth in Section 6-101.10 of this title, when a teacher receives a |
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4|rating as measured pursuant to the TLE as set forth in Section |
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5|6-101.16 of this title that may lead to a recommendation for the |
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6|dismissal or nonreemployment of the teacher or when an administrator |
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7|identifies poor performance or conduct that the administrator |
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8|believes may lead to a recommendation for the dismissal or |
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9|nonreemployment of the teacher, the administrator shall: |
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10| 1. Admonish the teacher, in writing, and make a reasonable |
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11|effort to assist the teacher in correcting the poor performance or |
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12|conduct; and |
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13| 2. Establish a reasonable time for improvement, not to exceed |
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14|two (2) months, taking into consideration the rating on the |
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15|evaluation or the nature and gravity of the performance or conduct. |
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16| B. If the teacher does not correct the poor performance or |
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17|conduct cited in the admonition within the time specified, the |
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18|administrator shall may make a recommendation to the superintendent |
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19|of the school district for the dismissal or nonreemployment of the |
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20|teacher. |
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21| C. Whenever a member of the board of education, superintendent, |
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22|or other administrator identifies poor performance or conduct that |
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23|may lead to a recommendation for dismissal or nonreemployment of a |
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24|teacher within the district, the administrator who has |
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1|responsibility for evaluation of the teacher shall be informed, and |
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2|that administrator shall comply with the procedures set forth in |
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3|this section. If the administrator fails or refuses to admonish the |
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4|teacher within ten (10) days after being so informed by the board, |
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5|superintendent, or other administrator, such board, superintendent |
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6|or other administrator shall admonish the teacher pursuant to the |
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7|provisions of this section. |
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8| D. Repeated negligence in performance of duty, willful neglect |
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9|of duty, incompetency, instructional ineffectiveness or |
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10|unsatisfactory teaching performance, for a career teacher, or any |
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11|cause related to inadequate teaching performance for a probationary |
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12|teacher, shall not be a basis for a recommendation to dismiss or not |
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13|reemploy a teacher unless and until the provisions of this section |
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14|have been complied with. |
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15| SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.31, is |
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16|amended to read as follows: |
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17| Section 6-101.31 Upon full implementation of the Oklahoma |
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18|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
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19|forth in Section 6-101.10 of this title, the primary basis used in |
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20|determining the retention or reassignment of affected teachers and |
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21|administrators when a school district implements a |
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22|reduction-in-force plan shall be the ratings of the teachers and |
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23|administrators as measured pursuant to the TLE as set forth in |
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24|Section 6-101.16 of this title. |
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1| SECTION 9. REPEALER 70 O.S. 2021, Section 6-101.10, is |
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2|hereby repealed. |
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3| SECTION 10. This act shall become effective November 1, 2023. |
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5| 59-1-6104 EK 01/16/23 |
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