BILL NO.
1256 By: Pugh of the Senate
and
Baker of
the House
An Act relating to teachers;
amending 70 O.S. 2021, Section 6-190, as amended by Section 3, Chapter 359,
O.S.L. 2022 (70 O.S. Supp. 2023, Section 6-190), which relates to teacher
certification; removing requirement for certain matching funds for certain teacher
certificates; modifying salary increase amounts to be provided; removing
maximum salary amount for certain certificate; exempting certain provisions
from collective bargaining; updating statutory references; amending Section 2,
Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2023, Section 6-190.2), which relates
to the Teacher Empowerment Revolving Fund; updating statutory reference;
modifying allocation of funding; removing purpose of fund to serve as certain
match; 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 6-190, as amended by
Section 3, Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2023, Section 6-190), is
amended to read as follows:
Section 6-190. A. The
board of education of each school district shall employ and contract in
writing, as required in Section 6-101 of this title, only with persons
certified to teach by the State Board of Education in accordance with the
Oklahoma Teacher Preparation Act, except as otherwise provided for by Section
6-101 of this title and by other law.
B. The Board shall issue a certificate to teach
to any person who:
1. Has successfully completed the teacher
education program required by the Commission for Educational Quality and
Accountability;
2. Has graduated from an accredited institution
of higher education that has approval or accreditation for teacher education;
3. Has met all other requirements as may be
established by the Board;
4. Has made the necessary application and paid
the competency examination fee in an amount and as prescribed by the
Commission;
5. Has successfully completed the competency
examination required in Section 6-187 of this title; and
6. Beginning
C. The Board shall issue a certificate to teach
to any person who:
1. Holds an out-of-state certificate and meets
the requirements set forth in subsection G of this section;
2. Holds certification from the National Board for
Professional Teaching Standards;
3. Holds an out-of-country certificate and meets
the requirements set forth in subsection F of this section; or
4. Has successfully completed a competency
examination used in the majority of other states or comparable customized exam
and meets the requirements set forth in subsection H of this section.
D. Beginning
E. Any person holding a valid certificate,
issued prior to January 1, 1997, shall be a certified teacher for purposes of
the Oklahoma Teacher Preparation Act, subject to any professional development
requirements prescribed by the Oklahoma Teacher Preparation Act or by the State
Board of Education.
F. 1. The
Board shall issue a certificate to teach to a person who holds a valid
out-of-country certificate and meets any requirements established by the
Board. The certificate to teach shall
only be for those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-country certificate.
2. A person who meets the requirements of
paragraph 1 of this subsection shall not be required to take any competency
examinations in those subject areas and grade levels most closely aligned to
the subject areas and grade levels recognized on the out-of-country
certificate.
3. A person who meets the requirements of
paragraph 1 of this subsection shall have on file with the Board a current
Oklahoma criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as defined in
Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history
record check, the Board may issue a temporary certificate which shall be
effective until receipt of the national fingerprint-based criminal history
record check. The person applying for a
certificate shall be responsible for the cost of the criminal history record
checks.
4. The Board shall promulgate rules establishing
a process by which out-of-country certificates will be reviewed and evaluated
for purposes of awarding a certificate to teach pursuant to this subsection.
G. 1. The
Board shall issue a certificate to teach to a person who holds a valid
out-of-state certificate. The
certificate to teach shall only be for those subject areas and grade levels
most closely aligned to the subject areas and grade levels recognized on the
out-of-state certificate.
2. A person who meets the requirements of
paragraph 1 of this subsection shall not be required to take any competency
examinations in those subject areas and grade levels most closely aligned to
the subject areas and grade levels recognized on the out-of-state certificate.
3. A person who meets the requirements of this
subsection shall have on file with the Board a current Oklahoma criminal
history record check from the Oklahoma State Bureau of Investigation as well as
a national criminal history record check as defined in Section 150.9 of Title
74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may issue a
temporary certificate which shall be effective until receipt of the national
fingerprint-based criminal history record check. The person applying for a certificate shall
be responsible for the cost of the criminal history record checks.
H. 1. The
Board shall issue a certificate to teach to a person who has successfully
completed a competency exam used in a majority of the other states. The certificate to teach shall only be for
those subject areas and grade levels that correspond with a certification area
used in Oklahoma.
2. A person who meets the requirements of
paragraph 1 of this subsection shall have on file with the Board a current
Oklahoma criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as defined in
Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history
record check, the Board may issue a temporary certificate which shall be
effective until receipt of the national fingerprint-based criminal history
record check. The person applying for a
certificate shall be responsible for the cost of the criminal history record
checks.
I. 1. The
Board may establish new levels of teacher certificates: advanced, lead, and master. Each level shall have a minimum salary
increase requirement paid by the school district and matched with state
dollars from the lottery funds as provided in Section 713 of Title 3A of the
Oklahoma Statutes. The advanced
certificate shall include a minimum salary increase of Three Thousand
Dollars ($3,000.00), the lead certificate shall include a minimum salary
increase of Five Thousand Dollars ($5,000.00), and the master certificate shall
include a minimum salary increase of Ten Thousand Dollars ($10,000.00) and
maximum salary increase of Forty Thousand Dollars ($40,000.00).
2.
A teacher who works in a school with an enrollment of forty percent
(40%) or more of students who are economically disadvantaged as defined in
Section 18-109.5 of this title or a school district with an enrollment of fewer
than one thousand students shall be paid a one-time award in addition to the
salary increases provided in paragraph 1 of this subsection:
a. One Thousand Five Hundred Dollars ($1,500.00)
for an advanced certificate,
b. Two Thousand Five Hundred Dollars ($2,500.00)
for a lead certificate, and
c. Five Thousand Dollars ($5,000.00) for a
master certificate.
3.
School districts may identify and designate the highest quality teachers
for advanced, lead, and master certificates.
Participating districts shall submit designation plans to the State
Department of Education for evaluation and approval. Districts shall have local control and
flexibility in determining how to evaluate teachers and assign designations,
but, at a minimum, the designation system shall include a teacher observation,
out-of-classroom time, and a student performance component.
a. Teacher observation shall be based on the
district’s selected Oklahoma Teacher and Leader Effectiveness Evaluation
System (TLE) evaluation tool or an alternate method of evaluation; provided,
the method is evidenced-based. Alternate
methods of evaluation shall not replace the requirements of Section 6-101.16 of
this title.
b. Each school district that elects to
participate in assigning advanced, lead, and master teacher certificates shall include
an out-of-classroom component for its assigned teachers to allow for
professional growth opportunities while staying in the classroom. How out-of-classroom time is allotted and
managed shall be determined by the school district and submitted as part of its
designation plan to the State Department of Education for review and approval.
c. Student performance measures may be
determined by the district and may include, but shall not be limited to, pre-
and post-tests, summative or formative, and portfolios. The school district application shall show
evidence of validity and reliability of the measures.
Districts may use additional factors
in determining which teachers are eligible to receive a designation, such as
student surveys, teacher leadership responsibilities, teacher mentorship
responsibilities, family surveys, demonstration of district core values,
teacher peer surveys, and contributions to the broader school community. No more than ten percent (10%) of each school
district’s teachers may be designated as an advanced, lead, or master teacher
in any given school year.
4.
If a school district chooses to participate in this program, the state
shall match the amount the district pays provide the increased salary
amounts indicated for advanced, lead, and master certificates in paragraph 1 of
this subsection above the base pay, up to Forty Thousand Dollars
($40,000.00) per teacher.
5.
School districts that designate teachers for advanced, lead, and master
certificates do not have to participate in annual TLE evaluations for the
designated teachers.
6.
School districts may designate teachers for advanced, lead, or master
certificates two times per year, once prior to the beginning of the school
year, and once prior to the beginning of the second semester. Teachers statewide who receive these
designations shall be placed in professional development cohorts and provided
additional training opportunities from the State Department of Education.
7.
After initial approval by the State Department of Education, the
Department shall review and validate each participating school district’s
teacher evaluation system biennially.
8.
The State Department of Education shall annually report the school districts
participating in the program, the number of advanced, lead, and master
certificates awarded, and the total amount in state match funding that
was distributed to teachers from the Teacher Empowerment Revolving Fund
created in Section 6-190.2 of this title.
9.
The selection criteria; designation of advanced, lead, or master
teachers; and any associated salary increases shall not be subject to
collective bargaining.
J. The State Board of Education shall adopt
rules to implement a renewal schedule and associated fees for advanced, lead,
and master teaching certificates. The
rules shall allow a teacher that no longer meets the requirements of an
advanced, lead, or master teaching certificate to make application for the
standard teaching certificate.
K. The terms of the contracts issued to those
holding advanced, lead, and master teaching certificates shall include the
following:
1. Advanced:
an additional five (5) days to be used to strengthen instructional
leadership. A person with an advanced teaching
certificate shall receive an annual salary increase of at least Three
Thousand Dollars ($3,000.00) or the district’s daily rate of pay, whichever is
higher, in addition to the salary for which the teacher qualifies pursuant to Section
18-114.14 Section 18-114.15 of this title. This increase shall be matched funded
by state dollars from the lottery funds as provided in Section 713 of Title 3A
of the Oklahoma Statutes and shall be paid as regular annual compensation
directly to teachers through school districts;
2. Lead:
an additional ten (10) days to be used to strengthen instructional
leadership. A person with a lead
teaching certificate shall receive an annual salary increase of at least
Five Thousand Dollars ($5,000.00) or the district’s daily rate of pay,
whichever is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 Section 18-114.15 of this
title. This increase shall be matched
funded by state dollars from the lottery funds as provided in Section
713 of Title 3A of the Oklahoma Statutes and shall be paid as regular annual
compensation directly to teachers through school districts; and
3. Master:
an additional fifteen (15) days to be used to strengthen
leadership. A person with a master
teaching certificate shall receive an annual salary increase of at least
Ten Thousand Dollars ($10,000.00) or the district’s daily rate of pay,
whichever is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 Section 18-114.15 of this
title. This increase, up to Forty
Thousand Dollars ($40,000.00), shall be matched funded by
state dollars from the lottery funds as provided in Section 713 of Title 3A of
the Oklahoma Statutes and shall be paid as regular annual compensation directly
to teachers through school districts.
If
a person with an advanced, lead, or master teaching certificate changes school
districts during the life of the certificate, the terms of the contracts
required in this subsection shall be subject to approval by the new employing
school district.
L. Beginning in the 2022-2023 school year, the
Department shall make the teaching certificates provided for in this section
available for any person who has received a recommendation from his or her school
district and who meets the eligibility criteria as outlined in each school
district’s teacher evaluation system provided for in subsection I of this
section.
M. The funding necessary for the administration
of this section shall be provided from the Teacher Empowerment Revolving Fund
created in Section 2 Section 6-190.2 of this act title. If funding for the administration of the
teaching certificates listed in subsection I is not available, the Department
shall not be required to fulfill the requirements listed in subsections I, K,
and L of this section.
N. The State Board of Education shall promulgate
rules to implement the provisions of Section 6-180 et seq. of this title.
SECTION 2. AMENDATORY Section 2, Chapter 359, O.S.L. 2022 (70
O.S. Supp. 2023, Section 6-190.2), is amended to read as follows:
Section 6-190.2. A.
There is hereby created in the State Treasury a revolving fund for the
State Department of Education to be designated the “Teacher Empowerment
Revolving Fund”. The revolving fund
shall be a continuing fund, without legislative appropriation, not subject to
fiscal year limitations, and shall be under the control and management of the
State Department of Education.
Expenditures from the Teacher Empowerment Revolving Fund shall be
budgeted and expended as provided for in subsection B of this section.
B.
The State Department of Education shall utilize the funds for the
program outlined in Section 6-190 of Title 70 of the Oklahoma Statutes this
title. Funding shall go toward
advanced, lead, and master certificate holders be allocated to school
districts to provide the increased salary amounts indicated for advanced, lead,
and master certificates as provided for in subsection I of Section 6-190 of
this title on a first-come, first-served basis until the cash is exhausted
for the school year. Funds from the
Teacher Empowerment Revolving Fund shall serve as a state match to local
dollars each school district contributes to its advanced, lead, and master
teachers as provided in Section 713 of Title 3A of the Oklahoma Statutes.
SECTION
3. This act shall become effective July 1, 2024.
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 7th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2024.
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: _________________________________