ENROLLED SENATE
BILL NO. 1119 By: Garvin of the Senate
and
Hilbert
of the House
An Act
relating to teachers; amending 70 O.S. 2021, Section 6-122.3, which relates to
alternative teaching certificates; removing clock-hour limitation for adjunct
teachers; providing for inapplicability of certain definition; amending 70 O.S.
2021, Section 17-101, which relates to Teachers' Retirement System of Oklahoma
definitions; modifying certain definition; updating statutory reference;
providing an effective date; and declaring an emergency.
SUBJECT: Teachers
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 70 O.S. 2021,
Section 6-122.3, is amended to read as follows:
Section 6-122.3. A. The State Board of Education shall grant an
alternative placement teaching certificate to a person who makes application to
the Board and meets the following criteria:
1. a. holds at least a baccalaureate degree from an
institution whose accreditation is recognized by the Oklahoma State Regents for
Higher Education and has attained a retention grade point average of not less
than 2.50 on a 4.0 scale, or
b. has
successfully completed a terminal degree, such as a doctorate of philosophy, a
doctorate in education, professional doctorates, a master of fine arts degree
or a master of library science degree, from an institution accredited by a
national or regional accrediting agency which is recognized by the Secretary of
the United States Department of Education.
The Oklahoma State Regents for Higher Education shall be consulted to
verify other terminal degrees, or
c. holds
at least a baccalaureate degree from an institution whose accreditation is
recognized by the Oklahoma State Regents for Higher Education and has qualified
work experience in a field that corresponds to an area of certification as
determined by the State Board of Education, and
d. in
addition to the requirements of subparagraphs a, b and c of this paragraph, has
demonstrated competency or completed a major in a field that corresponds to an
area of specialization for an Elementary-Secondary Certificate or a Secondary
Certificate as determined by the State Board of Education or a
vocational-technical certificate as recommended by the Oklahoma Department of
Career and Technology Education;
2. Declares the intention
to earn standard certification by means of an alternative placement program in
not more than three (3) years. The State
Board of Education shall determine the subject matter and the number of clock
or semester hours required for the professional education component for each
person making application for an alternative placement teaching certificate
based on the criteria of paragraph 1 of this subsection.
The State Board of Education shall establish a core minimum of
six (6) semester hours or ninety (90) clock hours and a maximum of eighteen
(18) semester hours or two hundred seventy (270) clock hours for the
professional education component.
The requirements set forth in this
subsection shall exclude all student teaching requirements pursuant to the
provisions of subsection E of this section;
3.
Has passed the general education and subject area portions of the
competency examination required in Section 6-187 of this title in the area of
specialization for which certification is sought; and
4.
Either presents a document from an accredited public school district in
this state offering employment in the area of specialization for which
certification is sought on condition that the person enroll in an alternative
placement program approved by the State Board of Education or declares the
intention to seek employment as a teacher at an accredited public school
district in this state. The certificate
granted pursuant to this subsection shall be considered a “valid certificate of
qualification” for the purposes of Sections 6-107 and 6-108 of this title, and
the holder of the certificate shall be considered an inductee for the purposes
of Section 6-195 of this title.
B.
An alternative placement teaching certificate shall be renewed for not
more than a maximum of three (3) years upon presentation of a document from an
accredited public school district in this state offering renewed employment in
the same area of specialization and a document from a teacher education
institution verifying satisfactory progress in an appropriate alternative
placement program.
C.
Persons enrolled in an alternative placement program shall:
1.
Have never been denied admittance to a teacher education program
approved by the Oklahoma State Regents for Higher Education, the North Central
Association of Colleges and Schools and by the Oklahoma Commission for Teacher
Preparation to offer teacher education programs, nor have enrolled in and
subsequently failed courses necessary to successfully meet the minimum
requirements of the program, except those persons who hold a certificate;
2.
Have on file with the director of teacher education at an Oklahoma
institution of higher education a plan for meeting standard certification
requirements within three (3) years; and
3.
Participate in an induction program as required in Section 6-195 of this
title and have the same duties and responsibilities as other inductees.
D.
The State Board of Education may grant an exception to the requirements
for certification and, upon demonstration by an individual of specific
competency in the subject area of specialization, may grant a certificate to
the individual. The State Board may
establish other requirements necessary to grant exceptions.
E.
The State Board of Education, in consultation with the Commission for
Educational Quality and Accountability, may grant an exception to the
requirement to complete a subject area examination for initial certification in
a field which does not require an advanced degree pursuant to this section if the
candidate has an advanced degree in a subject that is substantially comparable
to the content assessed on a subject area examination. The degree shall be from an institution
accredited by a national or regional accrediting agency which is recognized by
the Secretary of the U.S. Department of Education. The Commission shall provide the Board with
the necessary information to determine comparability.
F.
Student teaching and a prestudent teaching field experience shall not be
required of alternative placement program participants for standard
certification.
G.
The State Board of Education shall promulgate rules authorizing adjunct
teachers who shall be persons with distinguished qualifications in their
field. Adjunct teachers shall not be
required to meet standard certification.
Adjunct teachers shall be limited to two hundred seventy (270) clock
hours of classroom teaching per semester A person employed as an adjunct
teacher pursuant to this subsection who does not hold a valid certificate to
teach shall not be considered a teacher as defined by Section 1-116 of this
title.
H.
Each teacher education institution shall provide the Oklahoma Commission
for Teacher Preparation an annual report of information as specified by the
Commission regarding participation in the alternative placement programs
offered by the institution.
I.
The Oklahoma Commission for Teacher Preparation shall not accredit,
renew the accreditation of, or otherwise approve any teacher education program
of any institution of higher education in this state that has not implemented
alternative placement programs in at least four areas of specialization,
including mathematics, science and a foreign language. Each institution shall allow individuals who
meet the criteria of subsections A and C of this section to be:
1.
Admitted to an alternative placement program without further
qualification; and
2.
Offered the opportunity to complete the requirements for standard
certification set forth in subsection A of this section during the summer
preceding and the summer following the first year of teaching with an
alternative placement teaching certificate.
Any person seeking standard certification through an alternative
placement program shall be permitted to take necessary courses during regular
semesters if offered.
J.
The criteria specified in subsection I of this section can be met
through a cooperative arrangement entered into by two or more institutions of
higher education.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 17-101, is amended to read as follows:
Section 17-101. The
following words and phrases as used in this act Section 17-101 et
seq. of this title, unless a different meaning is clearly required by the
context, shall have the following meanings:
(1)
“Retirement system” shall mean the Teachers’ Retirement System of
Oklahoma, as defined in Section 17-102 of this title.
(2)
“Public school” shall mean a school district, a state college or
university, the State Board of Education, the State Board of Career and
Technology Education, and any other state educational entity conducted
within the state supported wholly or partly by public funds and operating under
the authority and supervision of a legally constituted board or agency having
authority and responsibility for any function of public education. “Public school” Public school
shall also mean a tuition free, nonprofit alternative school of choice that
provides education, therapeutic counseling, and outreach programs which
is aligned with a school district and which receives grant funds from
governmental sources.
(3)
“Classified personnel” shall mean any teacher, principal,
superintendent, supervisor, administrator, librarian, certified or registered
nurse, college professor, or college president whose salary is paid wholly or
in part from public funds. An employee
of any state department, board, board of regents, or board of trustees,
who is in a supervisory or an administrative position, the function of which is
primarily devoted to public education, shall be considered classified personnel
under the meaning of this act Section 17-101 et seq. of this title,
at the discretion of the Board of Trustees of the Teachers’ Retirement
System. The term “teacher” shall also
include instructors and counselors employed by the Department of Corrections
and holding valid teaching certificates issued by the State Department of
Education. Provided, that a person
employed by the Department of Corrections as an instructor or counselor shall
have been actively engaged in the teaching profession for a period of not less
than three (3) years prior to employment to be eligible to participate in the Oklahoma
Teachers’ Retirement System of Oklahoma.
The Department of Corrections shall contribute the employer’s share to
the Oklahoma Teachers’ Retirement System of Oklahoma.
(4)
“Nonclassified optional personnel” shall include persons hired as
adjunct teachers pursuant to subsection G of Section 6-122.3 of this title,
cooks, janitors, maintenance personnel not in a supervisory capacity, bus
drivers, noncertified or nonregistered nurses, noncertified librarians, and
clerical employees of the public schools, state colleges, universities,
or any state department, board, board of regents, or board of trustees,
the functions of which are primarily devoted to public education and whose
salaries are paid wholly or in part from public funds.
(5)
“Employer” shall mean the state and any of its designated agents or
agencies with responsibility and authority for public education, such as boards
of education of elementary and independent school districts, boards of regents,
boards of control, or any other agency of and within the state by which
a person may be employed for service in public education. “Employer” Employer shall also
mean the board of directors of a tuition free, nonprofit alternative school of
choice that provides education, therapeutic counseling, and outreach
programs which is aligned with a school district and which receives grant funds
from governmental sources.
(6)
“Member” shall mean any teacher or other employee included in the
membership of the system as provided in Section 17-103 of this title.
(7)
“Board of Trustees” shall mean the board provided for in Section 17-106
of this title to administer the retirement system.
(8)
“Service” shall mean service as a classified or nonclassified optional
employee in the public school system, or any other service devoted primarily to
public education in the state.
(9)
“Prior service” shall mean service rendered prior to
(10)
“Membership service” shall mean service as a member of the classified or
nonclassified personnel as defined in paragraphs (3) and (4) of this section.
(11)
“Creditable service” shall mean membership service plus any prior
service authorized under this title.
(12)
“Annuitant” shall mean any person in receipt of a retirement allowance
as provided in this title.
(13)
“Accumulated contributions” shall mean the sum of all amounts deducted
from the compensation of a member and credited to his individual account in the
Teacher Teachers’ Savings Fund, together with interest as of
(14)
“Earnable compensation” shall mean the full rate of the compensation
that would be payable to a member if he worked the full normal working time.
(15)
“Average salary”:
(a) for
those members who joined the System prior to
(b) for
those members who join the System after June 30, 1992, shall mean the average
of the salaries for five (5) consecutive years on which the highest contribution
to the Teachers’ Retirement System was paid.
Only salary on which required contributions have been made may be used
in computing average salary.
(16)
“Annuity” shall mean payments for life derived from the “accumulated
contributions” of a member. All
annuities shall be payable in equal monthly installments.
(17)
“Pension” shall mean payments for life derived from money provided by
the employer. All pensions shall be
payable in equal monthly installments.
(18)
“Monthly retirement allowance” is one-twelfth (1/12) of the annual
retirement allowance which shall be payable monthly.
(19)
“Retirement Benefit Fund” shall mean the fund from which all retirement
benefits shall be paid based on such mortality tables as shall be adopted by
the Board of Trustees.
(20)
“Actuary” shall mean a person especially skilled through training and
experience in financial calculation respecting the expectancy and duration of
life.
(21)
“Actuarial equivalent” shall mean a benefit of equal value when computed
upon the basis of such mortality and other tables as shall be adopted by the
Board of Trustees.
(22)
The masculine pronoun, whenever used, shall include the feminine.
(23)
“Actuarially determined cost” shall mean the single sum which is
actuarially equivalent in value to a specified pension amount as determined on
the basis of mortality and interest assumptions adopted by the Board of
Trustees.
(24)
“Normal retirement age” means the earliest date upon which:
(a) a
member reaches the age sixty-two (62) with respect to a member whose first
creditable service occurs prior to November 1, 2011, unless the member reaches
a normal retirement date pursuant to subparagraph (c) or subparagraph (d) of
this paragraph, or
(b) a
member reaches the age of sixty-five (65) with respect to a member whose first
creditable service occurs on or after November 1, 2011, or with respect to a
member whose first creditable service occurs on or after November 1, 2011,
reaches a normal retirement date pursuant to subparagraph (d) of this paragraph
having attained a minimum age of sixty (60) years, or
(c) the
age at which the sum of a member’s age and number of years of creditable
service total eighty (80), with respect to a member whose first creditable
service occurred prior to July 1, 1992, and who does not reach a normal
retirement age pursuant to subparagraph (a) of this paragraph, or
(d) the
age at which the sum of a member’s age and number of years of creditable
service total ninety (90), with respect to a member whose first creditable
service occurred on or after July 1, 1992, but prior to November 1, 2011, if
the member does not reach a normal retirement age pursuant to subparagraph (a)
of this paragraph.
(25)
“Regular annual compensation” means salary plus fringe benefits,
excluding the flexible benefit allowance pursuant to Section 26-105 of this
title and for purposes pursuant to Section 17-101 et seq. of this title. For purposes of this definition, regular
annual compensation shall include:
(a) salary
which accrues on a regular basis in proportion to the service performed,
including payments for staff development,
(b) amounts
that would otherwise qualify as salary under paragraph (a) of this subsection
but are not received directly by the member pursuant to a good faith, voluntary
written salary reduction agreement in order to finance payments to a deferred
compensation or tax-sheltered annuity program or to finance benefit options
under a cafeteria plan qualifying under the United States Internal Revenue
Code, 26 U.S.C., Section 101 et seq.,
(c) group
health and disability insurance, group term life insurance, annuities,
and pension plans, provided on a periodic basis to all qualified employees of
the employer, which qualify as fringe benefits under the United States Internal
Revenue Code, and
(d) excluded
from regular annual compensation are:
1. expense reimbursement payments,
2. office, vehicle, housing, or other
maintenance allowances,
3. the flexible benefit allowance provided
pursuant to Section 26-105 of this title,
4. payment for unused vacation and sick leave,
5. any payment made for reason of termination or
retirement not specifically provided for in subparagraphs (a) through (c) of
this subsection,
6. maintenance or other nonmonetary
compensation,
7. payment received as an independent contractor
or consultant, pursuant to a lawful contract which complies with the
requirements of subsection B of Section 6-101.2 of this title,
8. any benefit payments not made pursuant to a
valid employment agreement,
9. compensation for clinical related activity
performed in the University of Oklahoma Health Sciences Center (OUHSC)
Professional Practice Plan or Oklahoma State University Center for Health
Sciences (OSU-CHS) Professional Practice Plan, and
10. any other compensation not described in
subparagraphs (a) through (c) of this subsection.
(26)
“Teacher” means classified personnel and nonclassified optional
personnel.
(27)
“Active classroom teacher” means a person employed by a school district
to teach students specifically identified classes for specifically identified
subjects during the course of a semester, and who holds a valid certificate or
license issued by and in accordance with the rules and regulations of the State
Board of Education.
(28)
“Maximum compensation level” shall, except as otherwise authorized
pursuant to the provisions of Section 17-116.2C of this title, mean:
(a) Twenty-five
Thousand Dollars ($25,000.00) for creditable service authorized and performed
prior to
(b) Forty
Thousand Dollars ($40,000.00) for creditable service authorized and performed
prior to July 1, 1995, for members electing a maximum compensation level in
excess of Twenty-five Thousand Dollars ($25,000.00),
(c) Twenty-seven
Thousand Five Hundred Dollars ($27,500.00) for members who, as of
(d) Thirty-two
Thousand Five Hundred Dollars ($32,500.00) for members employed by a
comprehensive university if the member meets the requirements imposed by
Section 17-116.2A of this title and the member elects to impose a higher
maximum compensation level for service performed on or after
(e) Forty-four
Thousand Dollars ($44,000.00) for members who, as of
(f) Forty-nine
Thousand Dollars ($49,000.00) for members employed by a comprehensive
university if the member meets the requirements imposed by Section 17-116.2A of
this title and the member elects to impose a higher maximum compensation level
for service performed on or after
(g) the
following amounts for creditable service authorized and performed by members
employed by a comprehensive university, based upon the election of the member
in effect as of
1. for
members who elected a maximum compensation level not in excess of Twenty-five
Thousand Dollars ($25,000.00):
(i) Thirty-two
Thousand Five Hundred Dollars ($32,500.00) for service authorized and performed
on or after
(ii) Thirty-seven
Thousand Five Hundred Dollars ($37,500.00) for service authorized and performed
on or after
(iii) Forty-two Thousand Five Hundred Dollars ($42,500.00) for service
authorized and performed on or after
(iv) Forty-seven
Thousand Five Hundred Dollars ($47,500.00) for service authorized and performed
on or after
(v) Fifty-two
Thousand Five Hundred Dollars ($52,500.00) for service authorized and performed
on or after
(vi) Fifty-seven
Thousand Five Hundred Dollars ($57,500.00) for service authorized and performed
on or after
(vii) Sixty-two Thousand Five Hundred Dollars ($62,500.00) for service
authorized and performed on or after
(viii) Sixty-seven Thousand Five Hundred Dollars ($67,500.00) for service
authorized and performed on or after
(ix) Seventy-two
Thousand Five Hundred Dollars ($72,500.00) for service authorized and performed
on or after
(x) Seventy-seven
Thousand Five Hundred Dollars ($77,500.00) for service authorized and performed
on or after
(xi) the
full amount of regular annual compensation for service authorized and performed
on or after
2. for
members who elected a maximum compensation level in excess of Twenty-five
Thousand Dollars ($25,000.00):
(i) Forty-nine
Thousand Dollars ($49,000.00) for service authorized and performed on or after
(ii) Fifty-four
Thousand Dollars ($54,000.00) for service authorized and performed on or after
(iii) Fifty-nine Thousand Dollars ($59,000.00) for service authorized and
performed on or after
(iv) Sixty-four
Thousand Dollars ($64,000.00) for service authorized and performed on or after
(v) Sixty-nine
Thousand Dollars ($69,000.00) for service authorized and performed on or after
(vi) Seventy-four
Thousand Dollars ($74,000.00) for service authorized and performed on or after
(vii) Seventy-nine Thousand Dollars ($79,000.00) for service authorized
and performed on or after
(viii) Eighty-four Thousand Dollars ($84,000.00) for service authorized
and performed on or after
(ix) Eighty-nine
Thousand Dollars ($89,000.00) for service authorized and performed on or after
(x) Ninety-four
Thousand Dollars ($94,000.00) for service authorized and performed on or after
(xi) the
full amount of regular annual compensation for service authorized and performed
on or after
(h) the
full amount of regular annual compensation of:
1. a
member of the retirement system not employed by an entity or institution within
The Oklahoma State System of Higher Education for all creditable service
authorized and performed on or after
2. a
member of the retirement system first employed on or after
3. a
member of the retirement system employed by an entity or institution within The
Oklahoma State System of Higher Education, other than a comprehensive
university, if the member elects to impose a higher maximum compensation level
for service performed on or after
4. a
member of the retirement system who is first employed on or after ,
including a comprehensive university, for creditable service authorized and
performed on or after
5. a
member of the retirement system who, as of
6. a
member of the retirement system employed by a comprehensive university for all
service performed on and after
7. an
eligible member of the retirement system who fulfills the requirements of
Section 2 of this act Section 17-116.2C of this title with
respect to pre-cap removal service included in the retirement benefit
computation of the member at the average salary of the member subject to the
maximum average salary amount.
(29)
“Comprehensive university” shall mean:
(a) the
University of Oklahoma and all of its constituent agencies, including
the University of Oklahoma Health Sciences Center, the University of Oklahoma
Law Center, and the Geological Survey, and
(b) Oklahoma
State University and all of its constituent agencies, including the
Oklahoma State University Agricultural Experiment Station, the Oklahoma State
University Agricultural Extension Division, the Oklahoma State University
College of Veterinary Medicine, the Oklahoma State University Center for Health
Sciences, the Technical Branch at Oklahoma City, the Oklahoma State University
Institute of Technology-Okmulgee, and Oklahoma State University-Tulsa.
(30) “Retirement
contract” means the document prepared by the Teachers’ Retirement System upon
member request, which incorporates member’s selected retirement option, and
which must be executed and submitted to the Teachers’ Retirement System no less
than thirty (30) days prior to the projected retirement date.
SECTION 3.
This act shall become effective July 1, 2022.
SECTION 4.
It being immediately necessary for the preservation of the public peace,
health or safety, an emergency is hereby declared to exist, by reason whereof
this act shall take effect and be in full force from and after its passage and
approval.
Passed the Senate the 23rd day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________