1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
|FOR |
5|HOUSE BILL NO. 2676 By: Baker |
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6| |
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7| COMMITTEE SUBSTITUTE |
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8| An Act relating to teachers; amending 70 O.S. 2021, |
| Section 3-129.11, which relates to the School |
9| District Empowerment Program; deleting statutory |
| reference; amending 70 O.S. 2021, Section 6-101.3, |
10| which relates to definitions; modifying definitions |
| for certain types of teachers; amending 70 O.S. 2021, |
11| Sections 6-101.10, 6-101.11, and 6-101.16, which |
| relate to teacher evaluations; deleting requirement |
12| for annual review of certain written policy; removing |
| requirement for a focused and individualized program |
13| of professional development; deleting references to |
| policy and program; striking provision providing for |
14| release of certain data; striking statutory |
| reference; removing individualized program of |
15| professional development requirement; permitting |
| school districts to submit a request to use an |
16| alternative evaluation system; clarifying frequency |
| of certain evaluations; allowing certain evaluation |
17| schedule to be designated by local policy; limiting |
| collection of certain information only for federal |
18| reporting requirements; amending 70 O.S. 2021, |
| Sections 6-101.23 and 6-101.24, which relate to the |
19| Teacher Due Process Act of 1990; deleting reference |
| to certain evaluation provisions; removing statutory |
20| citation; amending 70 O.S. 2021, Section 6-101.31, |
| which relates to teacher evaluation ratings; deleting |
21| statutory reference; providing an effective date; and |
| declaring an emergency. |
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1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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2| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-129.11, is |
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3|amended to read as follows: |
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4| Section 3-129.11 A. There is hereby established the School |
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5|District Empowerment Program which shall be administered by the |
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6|State Board of Education. The purpose of the program is to empower |
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7|locally elected school board members to govern school districts and |
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8|make decisions based on the needs of their students and |
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9|circumstances. |
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10| B. 1. Subject to the provisions of this section, a school |
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11|district shall be allowed to submit a request to the State Board of |
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12|Education for an exemption from all statutory requirements and State |
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13|Board of Education rules from which charter schools are exempt, as |
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14|provided for in the Oklahoma Charter Schools Act. Any request for |
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15|exemption shall include a plan which outlines the goals sought to be |
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16|achieved at a minimum, include including the educational and fiscal |
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17|benefits and the anticipated impacts or outcomes the plan will have |
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18|in the district. |
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19| 2. Within ninety (90) days after receiving the request and |
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20|plan, the State Board shall approve or disapprove the request. If |
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21|the State Board does not approve the request, it shall provide to |
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22|the school district a written explanation of the basis for its |
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23|decision. The school district may resubmit an amended request at |
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24|any time after the denial. The request shall be approved by the |
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1|State Board before implementation by the school district. An |
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2|approved request and plan shall be for no longer than three (3) |
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3|years. Prior to the beginning of the third year, the school |
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4|district may apply for renewal of the approved request and plan. |
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5|The school district shall be required to submit an annual report and |
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6|the State Board shall annually assess the academic achievement and |
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7|fiscal status of the school district. |
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8| C. Nothing in this section shall prevent a school district |
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9|board of education from choosing to follow any or all state laws, |
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10|rules or regulations from which a charter school is exempt. A |
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11|school district which has been granted approval by the State Board |
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12|for an exemption as set forth in subsection B of this section shall |
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13|have the option to adopt policies to implement any requirement for |
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14|the school district that is consistent with any statutory |
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15|requirement or mandate or State Board rule, but a participating |
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16|school district shall comply with the following requirements: |
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17| 1. Students who reside in the school district shall be entitled |
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18|to attend school in the district as set forth in Section 1-114 of |
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19|this title; |
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20| 2. School districts shall comply with the requirements of the |
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21|minimum salary schedule for teachers as set forth in Section |
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22|18-114.12 18-114.14 of this title; |
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23| |
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24| |
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1| 3. Employees of school districts shall continue to participate |
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2|as members of the Teachers' Retirement System of Oklahoma as set |
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3|forth in Section 17-101 et seq. of this title; |
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4| 4. School districts shall comply with the requirement to |
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5|provide a health insurance plan for school district employees as set |
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6|forth in Section 5-117.5 of this title and to establish or make |
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7|available to school district employees a cafeteria plan as set forth |
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8|in Section 26-104 of this title; |
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9| 5. School districts shall require any person employed by the |
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10|school district to file with the district board a current Oklahoma |
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11|criminal history record check from the Oklahoma State Bureau of |
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12|Investigation as well as a national criminal history record check as |
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13|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each |
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14|district shall adopt a policy regarding criminal history record |
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15|checks as set forth in Section 5-142 of this title; |
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16| 6. School districts shall comply with the requirement |
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17|requirements to evaluate teachers and to train personnel designated |
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18|to conduct personnel evaluations as set forth in Sections 6-101.10 |
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19|and Section 6-101.11 of this title, the dismissal and due process |
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20|procedures for administrators as set forth in Sections 6-101.13 |
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21|through 6-101.15 of this title and the due process procedures for |
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22|teachers as set forth in Sections 6-101.21 through 6-101.26 of this |
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23|title; |
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24| |
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1| 7. School districts shall comply with the requirement to make |
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2|payroll deductions for either or both professional organization dues |
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3|and political contributions upon the request of an employee as set |
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4|forth in Section 5-139 of this title; |
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5| 8. School districts shall comply with the dismissal and due |
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6|process procedures for education support employees as set forth in |
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7|Sections 6-101.40 through 6-101.47 of this title; |
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8| 9. School districts shall employ as teachers, counselors, |
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9|librarians, school nurses, superintendents, principals, supervisors |
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10|or any other instructional, supervisory or administrative employee |
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11|only those persons who are certified by the State Board of Education |
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12|in accordance with the Oklahoma Teacher Preparation Act, except for |
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13|persons exempt from the certification requirements as otherwise |
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14|provided by law; |
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15| 10. School districts shall provide for negotiations between |
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16|school employees and school districts as set forth in Sections 509.1 |
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17|through 509.11 of this title; |
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18| 11. School districts shall be required to offer and students |
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19|enrolled in the school district shall be required to complete the |
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20|curriculum requirements as set forth in Section 11-103.6 of this |
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21|title; |
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22| 12. Students enrolled in the school district shall be required |
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23|to demonstrate mastery of the state academic content standards as |
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24|set forth in Section 1210.523 of this title; and |
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1| 13. Members of the school district board of education shall be |
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2|required to satisfy the instruction and continuing education |
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3|requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of |
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4|this title. |
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5| SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-101.3, is |
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6|amended to read as follows: |
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7| Section 6-101.3 As used in Section 6-101 et seq. of this title: |
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8| 1. "Administrator" means a duly certified person who devotes a |
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9|majority of time to service as a superintendent, elementary |
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10|superintendent, principal, supervisor, vice principal or in any |
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11|other administrative or supervisory capacity in the school district; |
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12| 2. "Dismissal" means the discontinuance of the teaching service |
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13|of an administrator or teacher during the term of a written |
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14|contract, as provided by law; |
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15| 3. "Nonreemployment" means the nonrenewal of the contract of an |
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16|administrator or teacher upon expiration of the contract; |
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17| 4. "Career teacher" means a teacher who: |
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18| a. is employed by a school district prior to the |
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19| 2017-2018 school year and has completed three (3) or |
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20| more consecutive complete school years as a teacher in |
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21| one school district under a written continuing or |
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22| temporary teaching contract, or |
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23| |
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24| |
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1| b. is employed for the first time by a school district |
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2| under a written continuing or temporary teaching |
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3| contract during the 2017-2018 school year and |
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4| thereafter: |
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5| (1) has completed three (3) consecutive complete |
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6| school years as a teacher in one school district |
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7| under a written continuing or temporary teaching |
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8| contract and has achieved a district evaluation |
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9| rating of "superior" as measured pursuant to the |
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10| TLE as set forth in Section 6-101.16 of this |
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11| title for at least two (2) of the three (3) |
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12| school years, |
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13| (2) has completed four (4) consecutive complete |
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14| school years as a teacher in one school district |
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15| under a written continuing or temporary teaching |
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16| contract, has averaged a district evaluation |
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17| rating of at least "effective" as measured |
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18| pursuant to the TLE for the four-year period, and |
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19| has received district evaluation ratings of at |
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20| least "effective" for the last two (2) years of |
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21| the four-year period, or |
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22| (3) has completed four (4) or more consecutive |
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23| complete school years in one school district |
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24| under a written continuing or temporary teaching |
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1| contract and has not met the requirements of |
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2| subparagraph a or b of this paragraph, only if |
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3| the principal of the school at which the teacher |
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4| is employed submits a petition to the |
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5| superintendent of the school district requesting |
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6| that the teacher be granted career status, the |
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7| superintendent agrees with the petition, and the |
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8| school district board of education approves the |
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9| petition. The principal shall specify in the |
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10| petition the underlying facts supporting the |
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11| granting of career status to the teacher; |
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12| 5. "Teacher hearing" means the hearing before a school district |
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13|board of education after a recommendation for dismissal or |
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14|nonreemployment of a teacher has been made but before any final |
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15|action is taken on the recommendation, held for the purpose of |
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16|affording the teacher all rights guaranteed by the United States |
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17|Constitution and the Constitution of Oklahoma under circumstances |
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18|and for enabling the board to determine whether to approve or |
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19|disapprove the recommendation; |
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20| 6. "Probationary teacher" means a teacher who: |
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21| a. is employed by a school district prior to the |
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22| 2017-2018 school year and has completed fewer than |
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23| three (3) consecutive complete school years as a |
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24| |
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1| teacher in one school district under a written |
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2| teaching contract, or |
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3| b. is employed for the first time by a school district |
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4| under a written teaching contract during the 2017-2018 |
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5| school year and thereafter and has not met the |
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6| requirements for career teacher as provided in |
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7| paragraph 4 of this section; |
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8| 7. "Suspension" or "suspended" means the temporary |
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9|discontinuance of the services of an administrator or teacher, as |
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10|provided by law; |
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11| 8. "Teacher" means a person defined as a teacher has the same |
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12|meaning as provided in Section 1-116 of this title; and |
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13| 9. "District evaluation rating" means the rating issued based |
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14|on the components of the TLE Oklahoma Teacher and Leader |
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15|Effectiveness Evaluation System (TLE) as set forth in subsection B |
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16|of Section 6-101.16 of this title. |
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17| SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-101.10, is |
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18|amended to read as follows: |
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19| Section 6-101.10 A. Each school district board of education |
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20|shall maintain and annually review, following consultation with or |
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21|involvement of representatives selected by local teachers, a written |
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22|policy of evaluation and corresponding professional development for |
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23|all teachers and administrators. In those school districts in which |
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24|there exists a professional negotiations agreement made in |
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1|accordance with Section 509.1 et seq. of this title, the procedure |
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2|for evaluating members of the negotiations unit and any standards of |
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3|performance and conduct proposed for adoption beyond those |
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4|established by the State Board of Education shall be negotiable |
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5|items. Nothing in this section shall be construed to annul, modify |
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6|or to preclude the renewal or continuing of any existing agreement |
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7|heretofore entered into between any school district and any |
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8|organizational representative of its employees. Every policy of |
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9|evaluation adopted by a board of education shall: |
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10| 1. Be based upon a set of minimum criteria developed by the |
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11|State Board of Education, which shall be revised and based upon the |
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12|Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) |
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13|developed by the State Board of Education as provided in Section |
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14|6-101.16 of this title. The revisions to each policy of evaluation |
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15|shall be phased in according to the following schedule: |
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16| a. for the 2014-2015, 2015-2016 and 2016-2017 school |
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17| years, the evaluation rating of teachers and |
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18| administrators shall be based on the qualitative |
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19| component of the TLE. For the 2016-2017 school year, |
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20| the State Department of Education shall work with |
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21| school districts to develop individualized programs of |
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22| professional development as described in subsection B |
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23| of this section. However, nothing in this |
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24| subparagraph shall preclude a school district with an |
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1| average daily attendance of more than thirty-five |
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2| thousand (35,000) from continuing to use quantitative |
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3| components which the district has incorporated at its |
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4| own expense prior to the 2015-2016 school year into |
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5| its evaluation system of teachers and administrators, |
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6| as defined by the district's written policy, |
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7| b. for evaluations of teachers and administrators |
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8| conducted during the 2017-2018 school year, and each |
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9| school year thereafter, school districts shall |
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10| incorporate and put into operation the qualitative |
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11| component of the TLE as provided for in subsection B |
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12| of Section 6-101.16 of this title into the evaluations |
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13| used in all school sites within the district. For the |
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14| 2017-2018 school year, and each school year |
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15| thereafter, teachers and administrators shall receive |
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16| a district evaluation rating based on the components |
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17| of the TLE as set forth in subsection B of Section |
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18| 6-101.16 of this title. For the 2017-2018 school |
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19| year, school districts shall incorporate the |
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20| individualized programs of professional development as |
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21| described in subsection B of this section on a pilot |
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22| program basis, and |
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23| c. for evaluations of teachers and administrators |
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24| conducted during the 2018-2019 school year, and each |
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1| school year thereafter, school districts shall fully |
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2| incorporate and put into operation the individualized |
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3| programs of professional development as described in |
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4| subsection B of this section; |
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5| 2. Be prescribed in writing at the time of adoption and at all |
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6|times when amendments to the policy are adopted. The original |
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7|policy and all amendments to the policy shall be promptly made |
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8|available to all persons subject to the policy; |
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9| 3. Provide that all evaluations be made in writing and that |
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10|evaluation documents and responses thereto be maintained in a |
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11|personnel file for each evaluated person; |
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12| 4. Provide that every probationary teacher receive formative |
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13|feedback from the evaluation process at least two times per school |
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14|year, once during the fall semester and once during the spring |
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15|semester; |
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16| 5. Provide that every teacher be evaluated once every year, |
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17|except for career teachers receiving a district evaluation rating of |
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18|"superior" or "highly effective" under the TLE who may be evaluated |
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19|once every three (3) years; and |
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20| 6. Provide that, except for superintendents of independent and |
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21|elementary school districts and superintendents of area school |
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22|districts who shall be evaluated by the school district board of |
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23|education, all certified personnel shall be evaluated by a |
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24|principal, assistant principal, designee of the principal, |
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1|supervisor, content expert, department chair, peer committee or |
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2|other trained persons or groups of persons designated by the school |
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3|district board of education. |
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4| B. 1. Every policy of professional development adopted by a |
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5|school district board of education shall provide for the development |
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6|of a focused and individualized program of professional development |
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7|for the teacher or administrator that is consistent with the |
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8|qualitative component of the TLE. The policy of professional |
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9|development shall: |
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10| a. establish an annual professional growth goal for the |
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11| teacher or administrator that is developed by the |
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12| teacher or administrator in collaboration with the |
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13| evaluator, |
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14| b. be tailored to address a specific area or criteria |
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15| identified through the qualitative component of the |
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16| TLE, |
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17| c. allow the teacher or administrator to actively engage |
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18| with learning practices that are evidence-based, |
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19| researched practices that are correlated with |
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20| increased student achievement, and |
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21| d. be supported by resources that are easily available |
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22| and supplied by the school district and the State |
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23| Department of Education. |
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24| |
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1| 2. School districts shall monitor compliance with each |
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2|individualized program of professional development implemented |
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3|pursuant to this subsection. All professional development completed |
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4|pursuant to an individualized program of professional development |
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5|shall count toward the total number of points a teacher or |
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6|administrator is required to complete as established by a school |
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7|district board of education pursuant to Section 6-194 of this title. |
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8| The implementation of the individualized program of professional |
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9|development required by this subsection shall not be construed as |
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10|increasing the professional development points requirements. |
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11| 3. Individualized programs of professional development required |
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12|by this subsection may include but are not limited to the following |
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13|learning practices: |
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14| a. presenter-led workshops, |
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15| b. individual or faculty studies of books, scholarly |
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16| articles and video productions, |
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17| c. peer observations, |
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18| d. committee studies to address student achievement |
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19| issues, |
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20| e. work related to a specific subject area or areas |
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21| associated with obtaining an advanced degree or |
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22| professional certification, |
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23| f. action research projects designed to improve student |
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24| achievement, and |
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1| g. participation in local, regional or state initiatives |
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2| associated with the development or implementation of |
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3| curriculum standards. |
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4| C. All individuals designated by the school district board of |
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5|education to conduct the personnel evaluations shall be required to |
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6|participate in training conducted by the State Department of |
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7|Education or training provided by the school district using |
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8|guidelines and materials developed by the State Department of |
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9|Education prior to conducting evaluations. |
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10| D. B. The State Department of Education shall develop and |
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11|conduct workshops pursuant to statewide criteria which train |
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12|individuals in conducting evaluations. |
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13| E. The State Board of Education shall monitor compliance with |
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14|the provisions of this section by school districts. |
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15| F. The State Board of Education shall study continued |
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16|implementation of the TLE to produce a system that promotes |
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17|reflection and professional growth for teachers and leaders. |
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18| G. Refusal by a school district to comply with the provisions |
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19|of this section shall be grounds for withholding State Aid funds |
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20|until compliance occurs. |
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21| H. Data collected pursuant to this section shall not be subject |
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22|to the Oklahoma Open Meeting Act or the Oklahoma Open Records Act. |
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23| SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.11, is |
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24|amended to read as follows: |
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1| Section 6-101.11 Whenever any evaluation is made of a teacher |
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2|or administrator, a true copy of the evaluation shall be presented |
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3|to the person evaluated, who shall acknowledge the written |
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4|evaluation by signing the original. Within two (2) weeks after the |
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5|evaluation, the person evaluated may respond and said response shall |
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6|be made part of the record. Except by order of a court of competent |
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7|jurisdiction, evaluation documents and the responses thereto shall |
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8|be available only to the evaluated person, the board of education, |
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9|the administrative staff making the evaluation, the board and |
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10|administrative staff of any school to which such evaluated person |
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11|applies for employment and such other persons as are specified by |
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12|the teacher in writing and shall be subject to disclosure at any |
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13|hearing involving a teacher or administrator's dismissal or |
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14|nonrenewal from employment. Data collected pursuant to Section |
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15|6-101.10 shall be available to authorized representatives of the |
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16|State Department of Education and its contracting designees who must |
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17|be contractually bound to the Department to maintain confidentiality |
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18|of all information received from the Department when such evaluation |
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19|data is used by the Department for data collection/analysis purposes |
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20|under the Oklahoma Teacher and Leader Effectiveness Evaluation |
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21|System, and such other persons as are specified by the teacher in |
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22|writing and shall be subject to disclosure at any hearing involving |
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23|a teacher or administrator's dismissal or nonrenewal from |
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24|employment. |
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1| SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.16, is |
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2|amended to read as follows: |
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3| Section 6-101.16 A. By December 15, 2011, the State Board of |
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4|Education shall adopt a new statewide system of evaluation to be |
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5|known as the Oklahoma Teacher and Leader Effectiveness Evaluation |
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6|System (TLE). The Board shall work cooperatively with school |
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7|districts to incorporate the components of the TLE in all school |
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8|districts by the 2017-2018 school year as provided for in Section |
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9|6-101.10 of this title. |
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10| B. The TLE shall include the following components: |
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11| 1. Annual evaluations that provide feedback to improve student |
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12|learning and outcomes, except as provided for in subsection C of |
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13|this section; |
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14| 2. A five-tier district evaluation rating system as follows: |
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15| a. superior, |
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16| b. highly effective, |
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17| c. effective, |
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18| d. needs improvement, and |
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19| e. ineffective; |
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20| 3. An evidence-based qualitative assessment tool for the |
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21|teacher qualitative portion of the TLE that will include observable |
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22|and measurable characteristics of personnel and classroom practices |
| |
23|that are correlated to student performance success, including, but |
| |
24|not limited to: |
| |
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1| a. organizational and classroom management skills, |
| |
2| b. ability to provide effective instruction, |
| |
3| c. focus on continuous improvement and professional |
| |
4| growth, |
| |
5| d. interpersonal skills, and |
| |
6| e. leadership skills; |
| |
7| 4. An evidence-based qualitative assessment tool for the leader |
| |
8|qualitative portion of the TLE that will include observable and |
| |
9|measurable characteristics of personnel and site management |
| |
10|practices that are correlated to student performance success, |
| |
11|including, but not limited to: |
| |
12| a. organizational and school management, including |
| |
13| retention and development of effective teachers and |
| |
14| dismissal of ineffective teachers, |
| |
15| b. instructional leadership, |
| |
16| c. professional growth and responsibility, |
| |
17| d. interpersonal skills, |
| |
18| e. leadership skills, and |
| |
19| f. stakeholder perceptions; |
| |
20| 5. An individualized program of professional development for |
| |
21|all teachers and administrators as adopted by the school district |
| |
22|board of education as set forth in subsection B of Section 6-101.10 |
| |
23|of this title; |
| |
24| |
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1| 6. For districts choosing to use, at their own expense, |
| |
2|quantitative measures of teachers and leaders as part of the |
| |
3|district evaluation rating, such measures shall include a minimum of |
| |
4|one reliable, research-based measure as approved by the State Board |
| |
5|of Education pursuant to subsection D E of this section; and |
| |
6| 7. 6. For all district evaluations, student performance, |
| |
7|including performance on the statewide criterion-referenced tests if |
| |
8|available, shall be discussed with the teacher and may be one of the |
| |
9|considerations for the teacher's district evaluation rating. |
| |
10| C. Career School districts may submit a request to the State |
| |
11|Board of Education to use an alternate evaluation system other than |
| |
12|the system selected by the Board pursuant to subsection A of this |
| |
13|section if the school district establishes the capacity to implement |
| |
14|a research-based performance review evaluation system which meets |
| |
15|the criteria of the TLE system. |
| |
16| D. All school district certified personnel shall be evaluated |
| |
17|annually, except career teachers receiving a district evaluation |
| |
18|rating of "superior" or "highly effective" under the TLE, who may be |
| |
19|evaluated once every three (3) years as designated by local board of |
| |
20|education policy. |
| |
21| D. E. By December 1, 2015, the Teacher and Leader Effectiveness |
| |
22|Commission shall recommend to the State Board of Education multiple |
| |
23|reliable, research-based measures to provide a quantitative |
| |
24|evaluation component for teachers. The State Board of Education |
| |
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1|shall approve and publish a list of approved measures by February 1, |
| |
2|2016. |
| |
3| E. F. A school district with an average daily attendance of |
| |
4|more than thirty-five thousand (35,000) which has incorporated |
| |
5|quantitative components of the TLE into its evaluation system of |
| |
6|teachers and administrators prior to the 2015-2016 school year may |
| |
7|continue using its evaluation system, as defined by the school |
| |
8|district's written policies, notwithstanding the provisions of this |
| |
9|section and regardless of the State Board of Education's adoption of |
| |
10|quantitative components pursuant to this section. |
| |
11| F. G. The State Department of Education shall provide to the |
| |
12|Oklahoma State Regents for Higher Education and the Oklahoma |
| |
13|Commission for Educational Quality and Accountability timely |
| |
14|electronic data linked to teachers and leaders derived from the TLE |
| |
15|for purposes of providing a basis for the development of |
| |
16|accountability and quality improvements of the teacher preparation |
| |
17|system. The data shall be provided in a manner and at such times as |
| |
18|agreed upon between the Department, the State Regents and the |
| |
19|Commission. |
| |
20| G. H. For purposes of this section, "leader" means a principal, |
| |
21|assistant principal or any other school administrator who is |
| |
22|responsible for supervising classroom teachers. |
| |
23| H. I. The State Department of Education may collect school |
| |
24|district evaluation information only as is required for federal |
| |
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1|reporting. The Department shall keep all data collected pursuant to |
| |
2|the TLE and records of annual evaluations received pursuant to this |
| |
3|section confidential. Records created pursuant to this section |
| |
4|which identify, in any way, a current or former public employee |
| |
5|shall not be subject to disclosure under the Oklahoma Open Records |
| |
6|Act. Nothing in this subsection shall be construed to prohibit |
| |
7|disclosure otherwise required by this section; provided, however, |
| |
8|any provisions requiring disclosure of TLE records shall be |
| |
9|construed narrowly and all individually identifying information |
| |
10|shall be removed from such records to the fullest extent possible. |
| |
11| SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.23, is |
| |
12|amended to read as follows: |
| |
13| Section 6-101.23 A. The dismissal, suspension and |
| |
14|nonreemployment provisions of the Teacher Due Process Act of 1990 |
| |
15|shall not apply to: |
| |
16| 1. Substitute teachers; |
| |
17| 2. Adult education teachers; and |
| |
18| 3. Teachers who are employed on temporary contracts. |
| |
19| B. The dismissal and suspension provisions of the Teacher Due |
| |
20|Process Act of 1990 shall apply to teachers who are employed on |
| |
21|temporary contracts for a complete school year and to teachers who |
| |
22|are employed in positions fully funded by federal or private |
| |
23|categorical grants, except that such teachers shall be employed only |
| |
24|for the duration of the temporary contract or the grant. |
| |
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1| C. The evaluation provisions in Sections 6-101.10 and 6-101.11 |
| |
2|of this title and in the Teacher Due Process Act of 1990 shall apply |
| |
3|to teachers who are employed on temporary contracts for a complete |
| |
4|school year and to teachers who are employed in positions fully |
| |
5|funded by federal or private categorical grants, except that such |
| |
6|teachers shall be employed only for the duration of the temporary |
| |
7|contract or the grant. |
| |
8| D. Teachers other than those specifically excepted in |
| |
9|subsection A of this section who are employed on contracts shall be |
| |
10|afforded all substantive and procedural rights set forth in the |
| |
11|Teacher Due Process Act of 1990 including the dismissal, suspension, |
| |
12|and nonreemployment provisions applicable to probationary or career |
| |
13|teachers as defined in Section 6-101.3 of this title. |
| |
14| E. D. On and after the effective date of this act July 1, 2000, |
| |
15|any teacher who has worked a complete school year under a temporary |
| |
16|contract in a school district shall be granted a year of service |
| |
17|credit toward career status in that district. |
| |
18| F. E. No teacher shall be hired on a temporary contract by a |
| |
19|school district for more than four semesters or on multiple |
| |
20|temporary contracts by a school district that together are for more |
| |
21|than four semesters, except for a: |
| |
22| 1. Teacher hired to replace a teacher who is on an approved |
| |
23|leave of absence and who is expected to return to employment with |
| |
24|the school district; or |
| |
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1| 2. Teacher who is a retired member of the Teachers' Retirement |
| |
2|System of Oklahoma. |
| |
3| G. F. No teacher shall be offered a temporary contract with a |
| |
4|school district without a full written disclosure at the time a |
| |
5|position is offered by the administration of the school district |
| |
6|which sets forth the terms and conditions of the temporary contract. |
| |
7| In the event the school district fails to provide such written |
| |
8|disclosure, the teacher shall be considered as employed on a |
| |
9|continuing contract basis. |
| |
10| H. G. On and after the effective date of this act July 1, 2000, |
| |
11|no teacher who is employed on a continuing contract basis by a |
| |
12|school district shall be reemployed on a temporary contract in that |
| |
13|school district. |
| |
14| SECTION 7. AMENDATORY 70 O.S. 2021, Section 6-101.24, is |
| |
15|amended to read as follows: |
| |
16| Section 6-101.24 A. Upon full implementation of the Oklahoma |
| |
17|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
| |
18|forth in Section 6-101.10 of this title, when a teacher receives a |
| |
19|rating as measured pursuant to the TLE as set forth in Section |
| |
20|6-101.16 of this title that may lead to a recommendation for the |
| |
21|dismissal or nonreemployment of the teacher or when an administrator |
| |
22|identifies poor performance or conduct that the administrator |
| |
23|believes may lead to a recommendation for the dismissal or |
| |
24|nonreemployment of the teacher, the administrator shall: |
| |
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1| 1. Admonish the teacher, in writing, and make a reasonable |
| |
2|effort to assist the teacher in correcting the poor performance or |
| |
3|conduct; and |
| |
4| 2. Establish a reasonable time for improvement, not to exceed |
| |
5|two (2) months, taking into consideration the rating on the |
| |
6|evaluation or the nature and gravity of the performance or conduct. |
| |
7| B. If the teacher does not correct the poor performance or |
| |
8|conduct cited in the admonition within the time specified, the |
| |
9|administrator shall may make a recommendation to the superintendent |
| |
10|of the school district for the dismissal or nonreemployment of the |
| |
11|teacher. |
| |
12| C. Whenever a member of the board of education, superintendent, |
| |
13|or other administrator identifies poor performance or conduct that |
| |
14|may lead to a recommendation for dismissal or nonreemployment of a |
| |
15|teacher within the district, the administrator who has |
| |
16|responsibility for evaluation of the teacher shall be informed, and |
| |
17|that administrator shall comply with the procedures set forth in |
| |
18|this section. If the administrator fails or refuses to admonish the |
| |
19|teacher within ten (10) days after being so informed by the board, |
| |
20|superintendent, or other administrator, such board, superintendent |
| |
21|or other administrator shall admonish the teacher pursuant to the |
| |
22|provisions of this section. |
| |
23| D. Repeated negligence in performance of duty, willful neglect |
| |
24|of duty, incompetency, instructional ineffectiveness or |
| |
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1|unsatisfactory teaching performance, for a career teacher, or any |
| |
2|cause related to inadequate teaching performance for a probationary |
| |
3|teacher, shall not be a basis for a recommendation to dismiss or not |
| |
4|reemploy a teacher unless and until the provisions of this section |
| |
5|have been complied with. |
| |
6| SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.31, is |
| |
7|amended to read as follows: |
| |
8| Section 6-101.31 Upon full implementation of the Oklahoma |
| |
9|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
| |
10|forth in Section 6-101.10 of this title, the primary basis used in |
| |
11|determining the retention or reassignment of affected teachers and |
| |
12|administrators when a school district implements a |
| |
13|reduction-in-force plan shall be the ratings of the teachers and |
| |
14|administrators as measured pursuant to the TLE as set forth in |
| |
15|Section 6-101.16 of this title. |
| |
16| SECTION 9. This act shall become effective July 1, 2023. |
| |
17| SECTION 10. It being immediately necessary for the preservation |
| |
18|of the public peace, health or safety, an emergency is hereby |
| |
19|declared to exist, by reason whereof this act shall take effect and |
| |
20|be in full force from and after its passage and approval. |
| |
21| |
| |
22|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2023 |
|- DO PASS, As Amended. |
23| |
| |
24| |
| |
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