1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|HOUSE BILL 2676 By: Baker |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to teachers; amending 70 O.S. 2021, |
| Section 3-129.11, which relates to the School |
8| District Empowerment Program; deleting statutory |
| reference; amending 70 O.S. 2021, Section 6-101.3, |
9| which relates to definitions; modifying definitions |
| for certain types of teachers; amending 70 O.S. 2021, |
10| Sections 6-101.10, 6-101.11, and 6-101.16, which |
| relate to teacher evaluations; deleting requirement |
11| for annual review of certain written policy; removing |
| requirement for a focused and individualized program |
12| of professional development; deleting references to |
| policy and program; striking provision providing for |
13| release of certain data; striking statutory |
| reference; removing individualized program of |
14| professional development requirement; permitting |
| school districts to submit a request to use an |
15| alternative evaluation system; allowing certain |
| evaluation schedule to be designated by local policy; |
16| limiting collection of certain information only for |
| federal reporting requirements; amending 70 O.S. |
17| 2021, Sections 6-101.23 and 6-101.24, which relate to |
| the Teacher Due Process Act of 1990; deleting |
18| reference to certain evaluation provisions; removing |
| statutory citation; amending 70 O.S. 2021, Section |
19| 6-101.31, which relates to teacher evaluation |
| ratings; deleting statutory reference; providing an |
20| effective date; and declaring an emergency. |
| |
21| |
| |
22| |
| |
23| |
| |
24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
Req. No. 6016 Page 1
___________________________________________________________________________
1| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-129.11, is |
| |
2|amended to read as follows: |
| |
3| Section 3-129.11 A. There is hereby established the School |
| |
4|District Empowerment Program which shall be administered by the |
| |
5|State Board of Education. The purpose of the program is to empower |
| |
6|locally elected school board members to govern school districts and |
| |
7|make decisions based on the needs of their students and |
| |
8|circumstances. |
| |
9| B. 1. Subject to the provisions of this section, a school |
| |
10|district shall be allowed to submit a request to the State Board of |
| |
11|Education for an exemption from all statutory requirements and State |
| |
12|Board of Education rules from which charter schools are exempt, as |
| |
13|provided for in the Oklahoma Charter Schools Act. Any request for |
| |
14|exemption shall include a plan which outlines the goals sought to be |
| |
15|achieved at a minimum, include including the educational and fiscal |
| |
16|benefits and the anticipated impacts or outcomes the plan will have |
| |
17|in the district. |
| |
18| 2. Within ninety (90) days after receiving the request and |
| |
19|plan, the State Board shall approve or disapprove the request. If |
| |
20|the State Board does not approve the request, it shall provide to |
| |
21|the school district a written explanation of the basis for its |
| |
22|decision. The school district may resubmit an amended request at |
| |
23|any time after the denial. The request shall be approved by the |
| |
24|State Board before implementation by the school district. An |
| |
Req. No. 6016 Page 2
___________________________________________________________________________
1|approved request and plan shall be for no longer than three (3) |
| |
2|years. Prior to the beginning of the third year, the school |
| |
3|district may apply for renewal of the approved request and plan. |
| |
4|The school district shall be required to submit an annual report and |
| |
5|the State Board shall annually assess the academic achievement and |
| |
6|fiscal status of the school district. |
| |
7| C. Nothing in this section shall prevent a school district |
| |
8|board of education from choosing to follow any or all state laws, |
| |
9|rules or regulations from which a charter school is exempt. A |
| |
10|school district which has been granted approval by the State Board |
| |
11|for an exemption as set forth in subsection B of this section shall |
| |
12|have the option to adopt policies to implement any requirement for |
| |
13|the school district that is consistent with any statutory |
| |
14|requirement or mandate or State Board rule, but a participating |
| |
15|school district shall comply with the following requirements: |
| |
16| 1. Students who reside in the school district shall be entitled |
| |
17|to attend school in the district as set forth in Section 1-114 of |
| |
18|this title; |
| |
19| 2. School districts shall comply with the requirements of the |
| |
20|minimum salary schedule for teachers as set forth in Section |
| |
21|18-114.12 18-114.14 of this title; |
| |
22| 3. Employees of school districts shall continue to participate |
| |
23|as members of the Teachers' Retirement System of Oklahoma as set |
| |
24|forth in Section 17-101 et seq. of this title; |
| |
Req. No. 6016 Page 3
___________________________________________________________________________
1| 4. School districts shall comply with the requirement to |
| |
2|provide a health insurance plan for school district employees as set |
| |
3|forth in Section 5-117.5 of this title and to establish or make |
| |
4|available to school district employees a cafeteria plan as set forth |
| |
5|in Section 26-104 of this title; |
| |
6| 5. School districts shall require any person employed by the |
| |
7|school district to file with the district board a current Oklahoma |
| |
8|criminal history record check from the Oklahoma State Bureau of |
| |
9|Investigation as well as a national criminal history record check as |
| |
10|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each |
| |
11|district shall adopt a policy regarding criminal history record |
| |
12|checks as set forth in Section 5-142 of this title; |
| |
13| 6. School districts shall comply with the requirement |
| |
14|requirements to evaluate teachers and to train personnel designated |
| |
15|to conduct personnel evaluations as set forth in Sections 6-101.10 |
| |
16|and Section 6-101.11 of this title, the dismissal and due process |
| |
17|procedures for administrators as set forth in Sections 6-101.13 |
| |
18|through 6-101.15 of this title and the due process procedures for |
| |
19|teachers as set forth in Sections 6-101.21 through 6-101.26 of this |
| |
20|title; |
| |
21| 7. School districts shall comply with the requirement to make |
| |
22|payroll deductions for either or both professional organization dues |
| |
23|and political contributions upon the request of an employee as set |
| |
24|forth in Section 5-139 of this title; |
| |
Req. No. 6016 Page 4
___________________________________________________________________________
1| 8. School districts shall comply with the dismissal and due |
| |
2|process procedures for education support employees as set forth in |
| |
3|Sections 6-101.40 through 6-101.47 of this title; |
| |
4| 9. School districts shall employ as teachers, counselors, |
| |
5|librarians, school nurses, superintendents, principals, supervisors |
| |
6|or any other instructional, supervisory or administrative employee |
| |
7|only those persons who are certified by the State Board of Education |
| |
8|in accordance with the Oklahoma Teacher Preparation Act, except for |
| |
9|persons exempt from the certification requirements as otherwise |
| |
10|provided by law; |
| |
11| 10. School districts shall provide for negotiations between |
| |
12|school employees and school districts as set forth in Sections 509.1 |
| |
13|through 509.11 of this title; |
| |
14| 11. School districts shall be required to offer and students |
| |
15|enrolled in the school district shall be required to complete the |
| |
16|curriculum requirements as set forth in Section 11-103.6 of this |
| |
17|title; |
| |
18| 12. Students enrolled in the school district shall be required |
| |
19|to demonstrate mastery of the state academic content standards as |
| |
20|set forth in Section 1210.523 of this title; and |
| |
21| 13. Members of the school district board of education shall be |
| |
22|required to satisfy the instruction and continuing education |
| |
23|requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of |
| |
24|this title. |
| |
Req. No. 6016 Page 5
___________________________________________________________________________
1| SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-101.3, is |
| |
2|amended to read as follows: |
| |
3| Section 6-101.3 As used in Section 6-101 et seq. of this title: |
| |
4| 1. "Administrator" means a duly certified person who devotes a |
| |
5|majority of time to service as a superintendent, elementary |
| |
6|superintendent, principal, supervisor, vice principal or in any |
| |
7|other administrative or supervisory capacity in the school district; |
| |
8| 2. "Dismissal" means the discontinuance of the teaching service |
| |
9|of an administrator or teacher during the term of a written |
| |
10|contract, as provided by law; |
| |
11| 3. "Nonreemployment" means the nonrenewal of the contract of an |
| |
12|administrator or teacher upon expiration of the contract; |
| |
13| 4. "Career teacher" means a teacher who: |
| |
14| a. is employed by a school district prior to the |
| |
15| 2017-2018 school year and has completed three (3) or |
| |
16| more consecutive complete school years as a teacher in |
| |
17| one school district under a written continuing or |
| |
18| temporary teaching contract, or |
| |
19| b. is employed for the first time by a school district |
| |
20| under a written continuing or temporary teaching |
| |
21| contract during the 2017-2018 school year and |
| |
22| thereafter: |
| |
23| (1) has completed three (3) consecutive complete |
| |
24| school years as a teacher in one school district |
| |
Req. No. 6016 Page 6
___________________________________________________________________________
1| under a written continuing or temporary teaching |
| |
2| contract and has achieved a district evaluation |
| |
3| rating of "superior" as measured pursuant to the |
| |
4| TLE as set forth in Section 6-101.16 of this |
| |
5| title for at least two (2) of the three (3) |
| |
6| school years, |
| |
7| (2) has completed four (4) consecutive complete |
| |
8| school years as a teacher in one school district |
| |
9| under a written continuing or temporary teaching |
| |
10| contract, has averaged a district evaluation |
| |
11| rating of at least "effective" as measured |
| |
12| pursuant to the TLE for the four-year period, and |
| |
13| has received district evaluation ratings of at |
| |
14| least "effective" for the last two (2) years of |
| |
15| the four-year period, or |
| |
16| (3) has completed four (4) or more consecutive |
| |
17| complete school years in one school district |
| |
18| under a written continuing or temporary teaching |
| |
19| contract and has not met the requirements of |
| |
20| subparagraph a or b of this paragraph, only if |
| |
21| the principal of the school at which the teacher |
| |
22| is employed submits a petition to the |
| |
23| superintendent of the school district requesting |
| |
24| that the teacher be granted career status, the |
| |
Req. No. 6016 Page 7
___________________________________________________________________________
1| superintendent agrees with the petition, and the |
| |
2| school district board of education approves the |
| |
3| petition. The principal shall specify in the |
| |
4| petition the underlying facts supporting the |
| |
5| granting of career status to the teacher; |
| |
6| 5. "Teacher hearing" means the hearing before a school district |
| |
7|board of education after a recommendation for dismissal or |
| |
8|nonreemployment of a teacher has been made but before any final |
| |
9|action is taken on the recommendation, held for the purpose of |
| |
10|affording the teacher all rights guaranteed by the United States |
| |
11|Constitution and the Constitution of Oklahoma under circumstances |
| |
12|and for enabling the board to determine whether to approve or |
| |
13|disapprove the recommendation; |
| |
14| 6. "Probationary teacher" means a teacher who: |
| |
15| a. is employed by a school district prior to the |
| |
16| 2017-2018 school year and has completed fewer than |
| |
17| three (3) consecutive complete school years as a |
| |
18| teacher in one school district under a written |
| |
19| teaching contract, or |
| |
20| b. is employed for the first time by a school district |
| |
21| under a written teaching contract during the 2017-2018 |
| |
22| school year and thereafter and has not met the |
| |
23| requirements for career teacher as provided in |
| |
24| paragraph 4 of this section; |
| |
Req. No. 6016 Page 8
___________________________________________________________________________
1| 7. "Suspension" or "suspended" means the temporary |
| |
2|discontinuance of the services of an administrator or teacher, as |
| |
3|provided by law; |
| |
4| 8. "Teacher" means a person defined as a teacher has the same |
| |
5|meaning as provided in Section 1-116 of this title; and |
| |
6| 9. "District evaluation rating" means the rating issued based |
| |
7|on the components of the TLE Oklahoma Teacher and Leader |
| |
8|Effectiveness Evaluation System (TLE) as set forth in subsection B |
| |
9|of Section 6-101.16 of this title. |
| |
10| SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-101.10, is |
| |
11|amended to read as follows: |
| |
12| Section 6-101.10 A. Each school district board of education |
| |
13|shall maintain and annually review, following consultation with or |
| |
14|involvement of representatives selected by local teachers, a written |
| |
15|policy of evaluation and corresponding professional development for |
| |
16|all teachers and administrators. In those school districts in which |
| |
17|there exists a professional negotiations agreement made in |
| |
18|accordance with Section 509.1 et seq. of this title, the procedure |
| |
19|for evaluating members of the negotiations unit and any standards of |
| |
20|performance and conduct proposed for adoption beyond those |
| |
21|established by the State Board of Education shall be negotiable |
| |
22|items. Nothing in this section shall be construed to annul, modify |
| |
23|or to preclude the renewal or continuing of any existing agreement |
| |
24|heretofore entered into between any school district and any |
| |
Req. No. 6016 Page 9
___________________________________________________________________________
1|organizational representative of its employees. Every policy of |
| |
2|evaluation adopted by a board of education shall: |
| |
3| 1. Be based upon a set of minimum criteria developed by the |
| |
4|State Board of Education, which shall be revised and based upon the |
| |
5|Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) |
| |
6|developed by the State Board of Education as provided in Section |
| |
7|6-101.16 of this title. The revisions to each policy of evaluation |
| |
8|shall be phased in according to the following schedule: |
| |
9| a. for the 2014-2015, 2015-2016 and 2016-2017 school |
| |
10| years, the evaluation rating of teachers and |
| |
11| administrators shall be based on the qualitative |
| |
12| component of the TLE. For the 2016-2017 school year, |
| |
13| the State Department of Education shall work with |
| |
14| school districts to develop individualized programs of |
| |
15| professional development as described in subsection B |
| |
16| of this section. However, nothing in this |
| |
17| subparagraph shall preclude a school district with an |
| |
18| average daily attendance of more than thirty-five |
| |
19| thousand (35,000) from continuing to use quantitative |
| |
20| components which the district has incorporated at its |
| |
21| own expense prior to the 2015-2016 school year into |
| |
22| its evaluation system of teachers and administrators, |
| |
23| as defined by the district's written policy, |
| |
24| |
| |
Req. No. 6016 Page 10
___________________________________________________________________________
1| b. for evaluations of teachers and administrators |
| |
2| conducted during the 2017-2018 school year, and each |
| |
3| school year thereafter, school districts shall |
| |
4| incorporate and put into operation the qualitative |
| |
5| component of the TLE as provided for in subsection B |
| |
6| of Section 6-101.16 of this title into the evaluations |
| |
7| used in all school sites within the district. For the |
| |
8| 2017-2018 school year, and each school year |
| |
9| thereafter, teachers and administrators shall receive |
| |
10| a district evaluation rating based on the components |
| |
11| of the TLE as set forth in subsection B of Section |
| |
12| 6-101.16 of this title. For the 2017-2018 school |
| |
13| year, school districts shall incorporate the |
| |
14| individualized programs of professional development as |
| |
15| described in subsection B of this section on a pilot |
| |
16| program basis, and |
| |
17| c. for evaluations of teachers and administrators |
| |
18| conducted during the 2018-2019 school year, and each |
| |
19| school year thereafter, school districts shall fully |
| |
20| incorporate and put into operation the individualized |
| |
21| programs of professional development as described in |
| |
22| subsection B of this section; |
| |
23| 2. Be prescribed in writing at the time of adoption and at all |
| |
24|times when amendments to the policy are adopted. The original |
| |
Req. No. 6016 Page 11
___________________________________________________________________________
1|policy and all amendments to the policy shall be promptly made |
| |
2|available to all persons subject to the policy; |
| |
3| 3. Provide that all evaluations be made in writing and that |
| |
4|evaluation documents and responses thereto be maintained in a |
| |
5|personnel file for each evaluated person; |
| |
6| 4. Provide that every probationary teacher receive formative |
| |
7|feedback from the evaluation process at least two times per school |
| |
8|year, once during the fall semester and once during the spring |
| |
9|semester; |
| |
10| 5. Provide that every teacher be evaluated once every year, |
| |
11|except for career teachers receiving a district evaluation rating of |
| |
12|"superior" or "highly effective" under the TLE who may be evaluated |
| |
13|once every three (3) years; and |
| |
14| 6. Provide that, except for superintendents of independent and |
| |
15|elementary school districts and superintendents of area school |
| |
16|districts who shall be evaluated by the school district board of |
| |
17|education, all certified personnel shall be evaluated by a |
| |
18|principal, assistant principal, designee of the principal, |
| |
19|supervisor, content expert, department chair, peer committee or |
| |
20|other trained persons or groups of persons designated by the school |
| |
21|district board of education. |
| |
22| B. 1. Every policy of professional development adopted by a |
| |
23|school district board of education shall provide for the development |
| |
24|of a focused and individualized program of professional development |
| |
Req. No. 6016 Page 12
___________________________________________________________________________
1|for the teacher or administrator that is consistent with the |
| |
2|qualitative component of the TLE. The policy of professional |
| |
3|development shall: |
| |
4| a. establish an annual professional growth goal for the |
| |
5| teacher or administrator that is developed by the |
| |
6| teacher or administrator in collaboration with the |
| |
7| evaluator, |
| |
8| b. be tailored to address a specific area or criteria |
| |
9| identified through the qualitative component of the |
| |
10| TLE, |
| |
11| c. allow the teacher or administrator to actively engage |
| |
12| with learning practices that are evidence-based, |
| |
13| researched practices that are correlated with |
| |
14| increased student achievement, and |
| |
15| d. be supported by resources that are easily available |
| |
16| and supplied by the school district and the State |
| |
17| Department of Education. |
| |
18| 2. School districts shall monitor compliance with each |
| |
19|individualized program of professional development implemented |
| |
20|pursuant to this subsection. All professional development completed |
| |
21|pursuant to an individualized program of professional development |
| |
22|shall count toward the total number of points a teacher or |
| |
23|administrator is required to complete as established by a school |
| |
24|district board of education pursuant to Section 6-194 of this title. |
| |
Req. No. 6016 Page 13
___________________________________________________________________________
1| The implementation of the individualized program of professional |
| |
2|development required by this subsection shall not be construed as |
| |
3|increasing the professional development points requirements. |
| |
4| 3. Individualized programs of professional development required |
| |
5|by this subsection may include but are not limited to the following |
| |
6|learning practices: |
| |
7| a. presenter-led workshops, |
| |
8| b. individual or faculty studies of books, scholarly |
| |
9| articles and video productions, |
| |
10| c. peer observations, |
| |
11| d. committee studies to address student achievement |
| |
12| issues, |
| |
13| e. work related to a specific subject area or areas |
| |
14| associated with obtaining an advanced degree or |
| |
15| professional certification, |
| |
16| f. action research projects designed to improve student |
| |
17| achievement, and |
| |
18| g. participation in local, regional or state initiatives |
| |
19| associated with the development or implementation of |
| |
20| curriculum standards. |
| |
21| C. All individuals designated by the school district board of |
| |
22|education to conduct the personnel evaluations shall be required to |
| |
23|participate in training conducted by the State Department of |
| |
24|Education or training provided by the school district using |
| |
Req. No. 6016 Page 14
___________________________________________________________________________
1|guidelines and materials developed by the State Department of |
| |
2|Education prior to conducting evaluations. |
| |
3| D. B. The State Department of Education shall develop and |
| |
4|conduct workshops pursuant to statewide criteria which train |
| |
5|individuals in conducting evaluations. |
| |
6| E. The State Board of Education shall monitor compliance with |
| |
7|the provisions of this section by school districts. |
| |
8| F. The State Board of Education shall study continued |
| |
9|implementation of the TLE to produce a system that promotes |
| |
10|reflection and professional growth for teachers and leaders. |
| |
11| G. Refusal by a school district to comply with the provisions |
| |
12|of this section shall be grounds for withholding State Aid funds |
| |
13|until compliance occurs. |
| |
14| H. Data collected pursuant to this section shall not be subject |
| |
15|to the Oklahoma Open Meeting Act or the Oklahoma Open Records Act. |
| |
16|
1|be available only to the evaluated person, the board of education, |
| |
2|the administrative staff making the evaluation, the board and |
| |
3|administrative staff of any school to which such evaluated person |
| |
4|applies for employment and such other persons as are specified by |
| |
5|the teacher in writing and shall be subject to disclosure at any |
| |
6|hearing involving a teacher or administrator's dismissal or |
| |
7|nonrenewal from employment. Data collected pursuant to Section |
| |
8|6-101.10 shall be available to authorized representatives of the |
| |
9|State Department of Education and its contracting designees who must |
| |
10|be contractually bound to the Department to maintain confidentiality |
| |
11|of all information received from the Department when such evaluation |
| |
12|data is used by the Department for data collection/analysis purposes |
| |
13|under the Oklahoma Teacher and Leader Effectiveness Evaluation |
| |
14|System, and such other persons as are specified by the teacher in |
| |
15|writing and shall be subject to disclosure at any hearing involving |
| |
16|a teacher or administrator's dismissal or nonrenewal from |
| |
17|employment. |
| |
18| SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.16, is |
| |
19|amended to read as follows: |
| |
20| Section 6-101.16 A. By December 15, 2011, the State Board of |
| |
21|Education shall adopt a new statewide system of evaluation to be |
| |
22|known as the Oklahoma Teacher and Leader Effectiveness Evaluation |
| |
23|System (TLE). The Board shall work cooperatively with school |
| |
24|districts to incorporate the components of the TLE in all school |
| |
Req. No. 6016 Page 16
___________________________________________________________________________
1|districts by the 2017-2018 school year as provided for in Section |
| |
2|6-101.10 of this title. |
| |
3| B. The TLE shall include the following components: |
| |
4| 1. Annual evaluations that provide feedback to improve student |
| |
5|learning and outcomes, except as provided for in subsection C of |
| |
6|this section; |
| |
7| 2. A five-tier district evaluation rating system as follows: |
| |
8| a. superior, |
| |
9| b. highly effective, |
| |
10| c. effective, |
| |
11| d. needs improvement, and |
| |
12| e. ineffective; |
| |
13| 3. An evidence-based qualitative assessment tool for the |
| |
14|teacher qualitative portion of the TLE that will include observable |
| |
15|and measurable characteristics of personnel and classroom practices |
| |
16|that are correlated to student performance success, including, but |
| |
17|not limited to: |
| |
18| a. organizational and classroom management skills, |
| |
19| b. ability to provide effective instruction, |
| |
20| c. focus on continuous improvement and professional |
| |
21| growth, |
| |
22| d. interpersonal skills, and |
| |
23| e. leadership skills; |
| |
24| |
| |
Req. No. 6016 Page 17
___________________________________________________________________________
1| 4. An evidence-based qualitative assessment tool for the leader |
| |
2|qualitative portion of the TLE that will include observable and |
| |
3|measurable characteristics of personnel and site management |
| |
4|practices that are correlated to student performance success, |
| |
5|including, but not limited to: |
| |
6| a. organizational and school management, including |
| |
7| retention and development of effective teachers and |
| |
8| dismissal of ineffective teachers, |
| |
9| b. instructional leadership, |
| |
10| c. professional growth and responsibility, |
| |
11| d. interpersonal skills, |
| |
12| e. leadership skills, and |
| |
13| f. stakeholder perceptions; |
| |
14| 5. An individualized program of professional development for |
| |
15|all teachers and administrators as adopted by the school district |
| |
16|board of education as set forth in subsection B of Section 6-101.10 |
| |
17|of this title; |
| |
18| 6. For districts choosing to use, at their own expense, |
| |
19|quantitative measures of teachers and leaders as part of the |
| |
20|district evaluation rating, such measures shall include a minimum of |
| |
21|one reliable, research-based measure as approved by the State Board |
| |
22|of Education pursuant to subsection D E of this section; and |
| |
23| 7. 6. For all district evaluations, student performance, |
| |
24|including performance on the statewide criterion-referenced tests if |
| |
Req. No. 6016 Page 18
___________________________________________________________________________
1|available, shall be discussed with the teacher and may be one of the |
| |
2|considerations for the teacher's district evaluation rating. |
| |
3| C. School districts may submit a request to the State Board of |
| |
4|Education to use an alternate evaluation system other than the |
| |
5|system selected by the Board pursuant to subsection A of this |
| |
6|section if the school district establishes the capacity to implement |
| |
7|a research-based performance review evaluation system which meets |
| |
8|the criteria of the TLE system. |
| |
9| D. Career teachers receiving a district evaluation rating of |
| |
10|"superior" or "highly effective" under the TLE may be evaluated once |
| |
11|every three (3) years as designated by local board of education |
| |
12|policy. |
| |
13| D. E. By December 1, 2015, the Teacher and Leader Effectiveness |
| |
14|Commission shall recommend to the State Board of Education multiple |
| |
15|reliable, research-based measures to provide a quantitative |
| |
16|evaluation component for teachers. The State Board of Education |
| |
17|shall approve and publish a list of approved measures by February 1, |
| |
18|2016. |
| |
19| E. F. A school district with an average daily attendance of |
| |
20|more than thirty-five thousand (35,000) which has incorporated |
| |
21|quantitative components of the TLE into its evaluation system of |
| |
22|teachers and administrators prior to the 2015-2016 school year may |
| |
23|continue using its evaluation system, as defined by the school |
| |
24|district's written policies, notwithstanding the provisions of this |
| |
Req. No. 6016 Page 19
___________________________________________________________________________
1|section and regardless of the State Board of Education's adoption of |
| |
2|quantitative components pursuant to this section. |
| |
3| F. G. The State Department of Education shall provide to the |
| |
4|Oklahoma State Regents for Higher Education and the Oklahoma |
| |
5|Commission for Educational Quality and Accountability timely |
| |
6|electronic data linked to teachers and leaders derived from the TLE |
| |
7|for purposes of providing a basis for the development of |
| |
8|accountability and quality improvements of the teacher preparation |
| |
9|system. The data shall be provided in a manner and at such times as |
| |
10|agreed upon between the Department, the State Regents and the |
| |
11|Commission. |
| |
12| G. H. For purposes of this section, "leader" means a principal, |
| |
13|assistant principal or any other school administrator who is |
| |
14|responsible for supervising classroom teachers. |
| |
15| H. I. The State Department of Education may collect school |
| |
16|district evaluation information only as is required for federal |
| |
17|reporting. The Department shall keep all data collected pursuant to |
| |
18|the TLE and records of annual evaluations received pursuant to this |
| |
19|section confidential. Records created pursuant to this section |
| |
20|which identify, in any way, a current or former public employee |
| |
21|shall not be subject to disclosure under the Oklahoma Open Records |
| |
22|Act. Nothing in this subsection shall be construed to prohibit |
| |
23|disclosure otherwise required by this section; provided, however, |
| |
24|any provisions requiring disclosure of TLE records shall be |
| |
Req. No. 6016 Page 20
___________________________________________________________________________
1|construed narrowly and all individually identifying information |
| |
2|shall be removed from such records to the fullest extent possible. |
| |
3| SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.23, is |
| |
4|amended to read as follows: |
| |
5| Section 6-101.23 A. The dismissal, suspension and |
| |
6|nonreemployment provisions of the Teacher Due Process Act of 1990 |
| |
7|shall not apply to: |
| |
8| 1. Substitute teachers; |
| |
9| 2. Adult education teachers; and |
| |
10| 3. Teachers who are employed on temporary contracts. |
| |
11| B. The dismissal and suspension provisions of the Teacher Due |
| |
12|Process Act of 1990 shall apply to teachers who are employed on |
| |
13|temporary contracts for a complete school year and to teachers who |
| |
14|are employed in positions fully funded by federal or private |
| |
15|categorical grants, except that such teachers shall be employed only |
| |
16|for the duration of the temporary contract or the grant. |
| |
17| C. The evaluation provisions in Sections 6-101.10 and 6-101.11 |
| |
18|of this title and in the Teacher Due Process Act of 1990 shall apply |
| |
19|to teachers who are employed on temporary contracts for a complete |
| |
20|school year and to teachers who are employed in positions fully |
| |
21|funded by federal or private categorical grants, except that such |
| |
22|teachers shall be employed only for the duration of the temporary |
| |
23|contract or the grant. |
| |
24| |
| |
Req. No. 6016 Page 21
___________________________________________________________________________
1| D. Teachers other than those specifically excepted in |
| |
2|subsection A of this section who are employed on contracts shall be |
| |
3|afforded all substantive and procedural rights set forth in the |
| |
4|Teacher Due Process Act of 1990 including the dismissal, suspension, |
| |
5|and nonreemployment provisions applicable to probationary or career |
| |
6|teachers as defined in Section 6-101.3 of this title. |
| |
7| E. D. On and after the effective date of this act July 1, 2000, |
| |
8|any teacher who has worked a complete school year under a temporary |
| |
9|contract in a school district shall be granted a year of service |
| |
10|credit toward career status in that district. |
| |
11| F. E. No teacher shall be hired on a temporary contract by a |
| |
12|school district for more than four semesters or on multiple |
| |
13|temporary contracts by a school district that together are for more |
| |
14|than four semesters, except for a: |
| |
15| 1. Teacher hired to replace a teacher who is on an approved |
| |
16|leave of absence and who is expected to return to employment with |
| |
17|the school district; or |
| |
18| 2. Teacher who is a retired member of the Teachers' Retirement |
| |
19|System of Oklahoma. |
| |
20| G. F. No teacher shall be offered a temporary contract with a |
| |
21|school district without a full written disclosure at the time a |
| |
22|position is offered by the administration of the school district |
| |
23|which sets forth the terms and conditions of the temporary contract. |
| |
24| In the event the school district fails to provide such written |
| |
Req. No. 6016 Page 22
___________________________________________________________________________
1|disclosure, the teacher shall be considered as employed on a |
| |
2|continuing contract basis. |
| |
3| H. G. On and after the effective date of this act July 1, 2000, |
| |
4|no teacher who is employed on a continuing contract basis by a |
| |
5|school district shall be reemployed on a temporary contract in that |
| |
6|school district. |
| |
7| SECTION 7. AMENDATORY 70 O.S. 2021, Section 6-101.24, is |
| |
8|amended to read as follows: |
| |
9| Section 6-101.24 A. Upon full implementation of the Oklahoma |
| |
10|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
| |
11|forth in Section 6-101.10 of this title, when a teacher receives a |
| |
12|rating as measured pursuant to the TLE as set forth in Section |
| |
13|6-101.16 of this title that may lead to a recommendation for the |
| |
14|dismissal or nonreemployment of the teacher or when an administrator |
| |
15|identifies poor performance or conduct that the administrator |
| |
16|believes may lead to a recommendation for the dismissal or |
| |
17|nonreemployment of the teacher, the administrator shall: |
| |
18| 1. Admonish the teacher, in writing, and make a reasonable |
| |
19|effort to assist the teacher in correcting the poor performance or |
| |
20|conduct; and |
| |
21| 2. Establish a reasonable time for improvement, not to exceed |
| |
22|two (2) months, taking into consideration the rating on the |
| |
23|evaluation or the nature and gravity of the performance or conduct. |
| |
24| |
| |
Req. No. 6016 Page 23
___________________________________________________________________________
1| B. If the teacher does not correct the poor performance or |
| |
2|conduct cited in the admonition within the time specified, the |
| |
3|administrator shall may make a recommendation to the superintendent |
| |
4|of the school district for the dismissal or nonreemployment of the |
| |
5|teacher. |
| |
6| C. Whenever a member of the board of education, superintendent, |
| |
7|or other administrator identifies poor performance or conduct that |
| |
8|may lead to a recommendation for dismissal or nonreemployment of a |
| |
9|teacher within the district, the administrator who has |
| |
10|responsibility for evaluation of the teacher shall be informed, and |
| |
11|that administrator shall comply with the procedures set forth in |
| |
12|this section. If the administrator fails or refuses to admonish the |
| |
13|teacher within ten (10) days after being so informed by the board, |
| |
14|superintendent, or other administrator, such board, superintendent |
| |
15|or other administrator shall admonish the teacher pursuant to the |
| |
16|provisions of this section. |
| |
17| D. Repeated negligence in performance of duty, willful neglect |
| |
18|of duty, incompetency, instructional ineffectiveness or |
| |
19|unsatisfactory teaching performance, for a career teacher, or any |
| |
20|cause related to inadequate teaching performance for a probationary |
| |
21|teacher, shall not be a basis for a recommendation to dismiss or not |
| |
22|reemploy a teacher unless and until the provisions of this section |
| |
23|have been complied with. |
| |
24| |
| |
Req. No. 6016 Page 24
___________________________________________________________________________
1| SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.31, is |
| |
2|amended to read as follows: |
| |
3| Section 6-101.31 Upon full implementation of the Oklahoma |
| |
4|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
| |
5|forth in Section 6-101.10 of this title, the primary basis used in |
| |
6|determining the retention or reassignment of affected teachers and |
| |
7|administrators when a school district implements a |
| |
8|reduction-in-force plan shall be the ratings of the teachers and |
| |
9|administrators as measured pursuant to the TLE as set forth in |
| |
10|Section 6-101.16 of this title. |
| |
11| SECTION 9. This act shall become effective July 1, 2023. |
| |
12| SECTION 10. It being immediately necessary for the preservation |
| |
13|of the public peace, health or safety, an emergency is hereby |
| |
14|declared to exist, by reason whereof this act shall take effect and |
| |
15|be in full force from and after its passage and approval. |
| |
16| |
| |
17| 59-1-6016 EK 01/18/23 |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 6016 Page 25
