Bill Text For SB1535 - Engrossed Amendments

 1|ENGROSSED HOUSE AMENDMENT                                              |
  |         TO                                                            |
 2|ENGROSSED SENATE BILL NO. 1535       By: Pugh of the Senate            |
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 3|                                         and                           |
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 4|                                         Osburn of the House           |
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 5|                                                                       |
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 6|                                                                       |
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 7|       An Act relating to teachers; amending 51 O.S. 2021,             |
  |       Section 24A.7, which relates to confidentiality of              |
 8|       certain personnel records; removing language                    |
  |       regarding confidentiality of records created pursuant           |
 9|       to certain evaluation system; amending 70 O.S. 2021,            |
  |       Section 5-141, which relates to school district                 |
10|       minimum salary schedules; removing language allowing            |
  |       additional compensation for certain evaluation                  |
11|       ratings; updating statutory reference; amending 70              |
  |       O.S. 2021, Section 5-141.2, which relates to model              |
12|       incentive pay plans; removing statutory reference;              |
  |       amending 70 O.S. 2021, Section 5-141.4, which relates           |
13|       to teacher incentive pay awards; removing language              |
  |       allowing an incentive pay plan to be based on                   |
14|       performance measured by certain system; updating                |
  |       language; providing definition; amending 70 O.S.                |
15|       2021, Section 6-101.3, which relates to definitions             |
  |       related to teachers; modifying definitions; amending            |
16|       70 O.S. 2021, Section 6-101.10, which relates to                |
  |       school district evaluation policies; removing                   |
17|       reference to certain professional development;                  |
  |       allowing rather than requiring school districts to              |
18|       adopt certain evaluation policies; removing                     |
  |       references to implementation of the Oklahoma Teacher            |
19|       and Leader Effectiveness Evaluation System; providing           |
  |       for contents that may be included in an evaluation              |
20|       policy; removing requirement for an individualized              |
  |       program of professional development; removing                   |
21|       requirement for training of certain evaluation                  |
  |       personnel; allowing rather than requiring the State             |
22|       Department of Education to conduct certain workshops;           |
  |       removing language directing the State Board of                  |
23|       Education to monitor certain compliance; amending 70            |
  |       O.S. 2021, Section 6-101.11, which relates to copies            |
24|       of evaluations; providing statutory reference;                  |
  |       removing language regarding availability of certain             |
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 1|       evaluation data; amending 70 O.S. 2021, Section                 |
  |       6-101.13, which relates to due process procedures;              |
 2|       removing language allowing dismissal or                         |
  |       nonreemployment of a principal who receives certain             |
 3|       evaluation rating; amending 70 O.S. 2021, Section               |
  |       6-101.22, which relates to reasons to dismiss career            |
 4|       teachers; removing language requiring dismissal or              |
  |       nonreemployment of teachers who receive certain                 |
 5|       evaluation ratings; amending 70 O.S. 2021, Section              |
  |       6-101.23, which relates to inapplicability of certain           |
 6|       due process provisions; removing language requiring             |
  |       application of certain evaluation provisions to                 |
 7|       certain teachers; amending 70 O.S. 2021, Section                |
  |       6-101.24, which relates to identification of poor               |
 8|       teacher performance; removing language regarding                |
  |       actions to be taken upon implementation of certain              |
 9|       evaluation system; allowing rather than requiring               |
  |       certain recommendation for dismissal or                         |
10|       nonreemployment to be made; providing statutory                 |
  |       reference; amending 70 O.S. 2021, Section 6-190,                |
11|       which relates to contracting with teachers; removing            |
  |       qualifications for certain teacher certificates                 |
12|       related to evaluation ratings; repealing 70 O.S.                |
  |       2021, Section 6-101.16, which relates to adoption of            |
13|       the Oklahoma Teacher and Leader Effectiveness                   |
  |       Evaluation System; repealing 70 O.S. 2021, Section              |
14|       6-101.31, which relates to basing retention or                  |
  |       reassignment decisions on certain evaluation ratings;           |
15|       providing an effective date; and declaring an                   |
  |       emergency.                                                      |
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17|                                                                       |
  |AMENDMENT NO. 1.  Strike the title, enacting clause, and entire bill   |
18|                  and insert:                                          |
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19|                                                                       |
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20|                                                                       |
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21|       "[ teachers - effective date                                    |
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22|                                                 emergency ]           |
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23|                                                                       |
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24|                                                                       |
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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 6-101.3, is    |
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 3|amended to read as follows:                                            |
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 4|    Section 6-101.3  As used in Section 6-101 et seq. of this title:   |
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 5|    1.  "Administrator" means a duly certified person who devotes a    |
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 6|majority of time to service as a superintendent, elementary            |
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 7|superintendent, principal, supervisor, vice principal, or in any       |
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 8|other administrative or supervisory capacity in the school district;   |
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 9|    2.  "Dismissal" means the discontinuance of the teaching service   |
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10|of an administrator or teacher during the term of a written            |
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11|contract, as provided by law;                                          |
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12|    3.  "Nonreemployment" means the nonrenewal of the contract of an   |
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13|administrator or teacher upon expiration of the contract;              |
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14|    4.  "Career teacher" means a teacher who:                          |
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15|         a.    is employed by a school district prior to the           |
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16|              2017-2018 school year and has completed three (3) or     |
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17|              more consecutive complete school years as a teacher in   |
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18|              one school district under a written continuing or        |
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19|              temporary teaching contract, or                          |
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20|         b.    is employed for the first time by a school district     |
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21|              under a written continuing or temporary teaching         |
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22|              contract during the 2017-2018 school year and            |
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23|              thereafter:                                              |
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24|                                                                       |
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 1|              (1)  has completed three (3) consecutive complete        |
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 2|                   school years as a teacher in one school district    |
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 3|                   under a written continuing or temporary teaching    |
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 4|                   contract and has achieved a district evaluation     |
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 5|                   rating of "superior" as measured pursuant to the    |
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 6|                   TLE as set forth in Section 6-101.16 of this        |
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 7|                   title for at least two (2) of the three (3)         |
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 8|                   school years,                                       |
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 9|              (2)  has completed four (4) consecutive complete         |
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10|                   school years as a teacher in one school district    |
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11|                   under a written continuing or temporary teaching    |
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12|                   contract, has averaged a district evaluation        |
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13|                   rating of at least "effective" as measured          |
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14|                   pursuant to the TLE for the four-year period, and   |
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15|                   has received district evaluation ratings of at      |
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16|                   least "effective" for the last two (2) years of     |
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17|                   the four-year period, or                            |
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18|              (3)  has completed four (4) or more consecutive          |
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19|                   complete school years in one school district        |
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20|                   under a written continuing or temporary teaching    |
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21|                   contract and has not met the requirements of        |
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22|                   subparagraph a or b of this paragraph, only if      |
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23|                   the principal of the school at which the teacher    |
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24|                   is employed submits a petition to the               |
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 1|                   superintendent of the school district requesting    |
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 2|                   that the teacher be granted career status, the      |
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 3|                   superintendent agrees with the petition, and the    |
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 4|                   school district board of education approves the     |
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 5|                   petition.  The principal shall specify in the       |
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 6|                   petition the underlying facts supporting the        |
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 7|                   granting of career status to the teacher;           |
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 8|    5.  "Teacher hearing" means the hearing before a school district   |
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 9|board of education after a recommendation for dismissal or             |
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10|nonreemployment of a teacher has been made but before any final        |
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11|action is taken on the recommendation, held for the purpose of         |
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12|affording the teacher all rights guaranteed by the United States       |
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13|Constitution and the Constitution of Oklahoma under circumstances      |
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14|and for enabling the board to determine whether to approve or          |
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15|disapprove the recommendation;                                         |
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16|    6.  "Probationary teacher" means a teacher who:                    |
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17|         a.   is employed by a school district prior to the            |
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18|              2017-2018 school year and has completed fewer than       |
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19|              three (3) consecutive complete school years as a         |
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20|              teacher in one school district under a written           |
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21|              teaching contract, or                                    |
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22|         b.   is employed for the first time by a school district      |
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23|              under a written teaching contract during the 2017-2018   |
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24|              school year and thereafter and has not met the           |
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 1|              requirements for career teacher as provided in           |
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 2|              paragraph 4 of this section;                             |
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 3|    7.  "Suspension" or "suspended" means the temporary                |
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 4|discontinuance of the services of an administrator or teacher, as      |
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 5|provided by law;                                                       |
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 6|    8.  "Teacher" means a person defined as a teacher has the same     |
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 7|meaning as provided for in Section 1-116 of this title; and            |
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 8|    9.  "District evaluation rating" means the rating issued based     |
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 9|on the components of the TLE as set forth in subsection B of Section   |
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10|6-101.16 of this title.                                                |
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11|    SECTION 2.     AMENDATORY     70 O.S. 2021, Section 6-101.11, is   |
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12|amended to read as follows:                                            |
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13|    Section 6-101.11  Whenever any evaluation is made of a teacher     |
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14|or administrator, a true copy of the evaluation shall be presented     |
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15|to the person evaluated, who shall acknowledge the written             |
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16|evaluation by signing the original.  Within two (2) weeks after the    |
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17|evaluation, the person evaluated may respond and said response shall   |
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18|be made part of the record.  Except by order of a court of competent   |
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19|jurisdiction, evaluation documents and the responses thereto shall     |
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20|be available only to the evaluated person, the board of education,     |
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21|the administrative staff making the evaluation, the board and          |
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22|administrative staff of any school to which such evaluated person      |
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23|applies for employment, and such other persons as are specified by     |
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24|the teacher in writing and shall be subject to disclosure at any       |
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 1|hearing involving a teacher or administrator's dismissal or            |
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 2|nonrenewal from employment.  Data collected pursuant to Section        |
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 3|6-101.10 shall be available to authorized representatives of the       |
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 4|State Department of Education and its contracting designees who must   |
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 5|be contractually bound to the Department to maintain confidentiality   |
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 6|of all information received from the Department when such evaluation   |
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 7|data is used by the Department for data collection/analysis purposes   |
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 8|under the Oklahoma Teacher and Leader Effectiveness Evaluation         |
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 9|System, and such other persons as are specified by the teacher in      |
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10|writing and shall be subject to disclosure at any hearing involving    |
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11|a teacher or administrator's dismissal or nonrenewal from              |
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12|employment.                                                            |
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13|    SECTION 3.     AMENDATORY     70 O.S. 2021, Section 6-101.16, is   |
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14|amended to read as follows:                                            |
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15|    Section 6-101.16  A.  By December 15, 2011, the State Board of     |
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16|Education shall adopt a new statewide system of evaluation to be       |
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17|known as the Oklahoma Teacher and Leader Effectiveness Evaluation      |
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18|System (TLE).  The Board shall work cooperatively with school          |
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19|districts to incorporate the components of the TLE in all school       |
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20|districts by the 2017-2018 school year as provided for in Section      |
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21|6-101.10 of this title.                                                |
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22|    B.  The TLE shall include the following components:                |
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 1|    1.  Annual evaluations that provide feedback to improve student    |
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 2|learning and outcomes, except as provided for in subsection C D of     |
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 3|this section;                                                          |
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 4|    2.  A five-tier district evaluation rating system as follows:      |
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 5|         a.   superior,                                                |
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 6|         b.   highly effective,                                        |
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 7|         c.   effective,                                               |
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 8|         d.   needs improvement, and                                   |
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 9|         e.    ineffective;                                            |
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10|    3.  An evidence-based qualitative assessment tool for the          |
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11|teacher qualitative portion of the TLE that will include observable    |
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12|and measurable characteristics of personnel and classroom practices    |
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13|that are correlated to student performance success, including, but     |
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14|not limited to:                                                        |
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15|         a.   organizational and classroom management skills,          |
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16|         b.   ability to provide effective instruction,                |
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17|         c.   focus on continuous improvement and professional         |
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18|              growth,                                                  |
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19|         d.   interpersonal skills, and                                |
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20|         e.   leadership skills;                                       |
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21|    4.  An evidence-based qualitative assessment tool for the leader   |
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22|qualitative portion of the TLE that will include observable and        |
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23|measurable characteristics of personnel and site management            |
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24|                                                                       |
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 1|practices that are correlated to student performance success,          |
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 2|including, but not limited to:                                         |
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 3|         a.   organizational and school management, including          |
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 4|              retention and development of effective teachers and      |
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 5|              dismissal of ineffective teachers,                       |
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 6|         b.   instructional leadership,                                |
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 7|         c.   professional growth and responsibility,                  |
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 8|         d.   interpersonal skills,                                    |
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 9|         e.   leadership skills, and                                   |
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10|         f.   stakeholder perceptions;                                 |
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11|    5.  An individualized program of professional development for      |
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12|all teachers and administrators as adopted by the school district      |
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13|board of education as set forth in subsection B of Section 6-101.10    |
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14|of this title;                                                         |
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15|    6.  For districts choosing to use, at their own expense,           |
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16|quantitative measures of teachers and leaders as part of the           |
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17|district evaluation rating, such measures shall include a minimum of   |
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18|one reliable, research-based measure as approved by the State Board    |
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19|of Education pursuant to subsection D E of this section; and           |
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20|    7. 6.  For all district evaluations, student performance,          |
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21|including performance on the statewide criterion-referenced tests if   |
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22|available, shall be discussed with the teacher and may be one of the   |
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23|considerations for the teacher's district evaluation rating.           |
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 1|    C.  School districts may submit a request to the State Board of    |
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 2|Education to use an alternate evaluation system other than the         |
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 3|system selected by the Board pursuant to subsection A of this          |
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 4|section if the school district establishes the capacity to implement   |
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 5|a research-based performance review evaluation system which meets      |
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 6|the criteria of the TLE system.                                        |
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 7|    D.  Career teachers receiving a district evaluation rating of      |
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 8|"superior" or "highly effective" under the TLE may be evaluated once   |
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 9|every three (3) years.                                                 |
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10|    D. E.  By December 1, 2015, the Teacher and Leader Effectiveness   |
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11|Commission shall recommend to the State Board of Education multiple    |
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12|reliable, research-based measures to provide a quantitative            |
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13|evaluation component for teachers.  The State Board of Education       |
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14|shall approve and publish a list of approved measures by February 1,   |
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15|2016.                                                                  |
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16|    E. F.  A school district with an average daily attendance of       |
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17|more than thirty-five thousand (35,000) which has incorporated         |
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18|quantitative components of the TLE into its evaluation system of       |
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19|teachers and administrators prior to the 2015-2016 school year may     |
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20|continue using its evaluation system, as defined by the school         |
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21|district's written policies, notwithstanding the provisions of this    |
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22|section and regardless of the State Board of Education's adoption of   |
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23|quantitative components pursuant to this section.                      |
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24|                                                                       |
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 1|    F. G.  The State Department of Education shall provide to the      |
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 2|Oklahoma State Regents for Higher Education and the Oklahoma           |
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 3|Commission for Educational Quality and Accountability timely           |
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 4|electronic data linked to teachers and leaders derived from the TLE    |
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 5|for purposes of providing a basis for the development of               |
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 6|accountability and quality improvements of the teacher preparation     |
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 7|system.  The data shall be provided in a manner and at such times as   |
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 8|agreed upon between the Department, the State Regents and the          |
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 9|Commission.                                                            |
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10|    G. H.  For purposes of this section, "leader" means a principal,   |
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11|assistant principal or any other school administrator who is           |
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12|responsible for supervising classroom teachers.                        |
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13|    H. I.  The State Department of Education may collect school        |
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14|district evaluation information only as is required for federal        |
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15|reporting.  The State Department of Education shall keep all data      |
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16|collected pursuant to the TLE and records of annual evaluations        |
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17|received pursuant to this section confidential.  Records created       |
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18|pursuant to this section which identify, in any way, a current or      |
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19|former public employee shall not be subject to disclosure under the    |
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20|Oklahoma Open Records Act.  Nothing in this subsection shall be        |
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21|construed to prohibit disclosure otherwise required by this section;   |
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22|provided, however, any provisions requiring disclosure of TLE          |
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23|records shall be construed narrowly and all individually identifying   |
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24|                                                                       |
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 1|information shall be removed from such records to the fullest extent   |
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 2|possible.                                                              |
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 3|    SECTION 4.     AMENDATORY     70 O.S. 2021, Section 6-101.23, is   |
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 4|amended to read as follows:                                            |
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 5|    Section 6-101.23  A.  The dismissal, suspension, and               |
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 6|nonreemployment provisions of the Teacher Due Process Act of 1990      |
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 7|shall not apply to:                                                    |
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 8|    1.  Substitute teachers;                                           |
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 9|    2.  Adult education teachers; and                                  |
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10|    3.  Teachers who are employed on temporary contracts.              |
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11|    B.  The dismissal and suspension provisions of the Teacher Due     |
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12|Process Act of 1990 shall apply to teachers who are employed on        |
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13|temporary contracts for a complete school year and to teachers who     |
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14|are employed in positions fully funded by federal or private           |
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15|categorical grants, except that such teachers shall be employed only   |
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16|for the duration of the temporary contract or the grant.               |
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17|    C.  The evaluation provisions in Sections 6-101.10 and 6-101.11    |
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18|of this title and in the Teacher Due Process Act of 1990 shall apply   |
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19|to teachers who are employed on temporary contracts for a complete     |
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20|school year and to teachers who are employed in positions fully        |
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21|funded by federal or private categorical grants, except that such      |
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22|teachers shall be employed only for the duration of the temporary      |
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23|contract or the grant.                                                 |
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24|                                                                       |
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 1|    D.  Teachers other than those specifically excepted in             |
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 2|subsection A of this section who are employed on contracts shall be    |
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 3|afforded all substantive and procedural rights set forth in the        |
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 4|Teacher Due Process Act of 1990 including the dismissal, suspension,   |
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 5|and nonreemployment provisions applicable to probationary or career    |
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 6|teachers as defined in Section 6-101.3 of this title.                  |
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 7|    E. D.  On and after the effective date of this act any teacher     |
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 8|who has worked a complete school year under a temporary contract in    |
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 9|a school district shall be granted a year of service credit toward     |
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10|career status in that district.                                        |
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11|    F. E.  No teacher shall be hired on a temporary contract by a      |
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12|school district for more than four semesters or on multiple            |
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13|temporary contracts by a school district that together are for more    |
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14|than four semesters, except for a:                                     |
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15|    1.  Teacher hired to replace a teacher who is on an approved       |
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16|leave of absence and who is expected to return to employment with      |
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17|the school district; or                                                |
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18|    2.  Teacher who is a retired member of the Teachers' Retirement    |
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19|System of Oklahoma.                                                    |
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20|    G. F.  No teacher shall be offered a temporary contract with a     |
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21|school district without a full written disclosure at the time a        |
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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        |
  |                                                                       |
                                                                   Page 13
___________________________________________________________________________

 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 no teacher      |
  |                                                                       |
 4|who is employed on a continuing contract basis by a school district    |
  |                                                                       |
 5|shall be reemployed on a temporary contract in that school district.   |
  |                                                                       |
 6|    SECTION 5.     AMENDATORY     70 O.S. 2021, Section 6-101.24, is   |
  |                                                                       |
 7|amended to read as follows:                                            |
  |                                                                       |
 8|    Section 6-101.24  A.  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, when a teacher receives a     |
  |                                                                       |
11|rating as measured pursuant to the TLE as set forth in Section         |
  |                                                                       |
12|6-101.16 of this title that may lead to a recommendation for the       |
  |                                                                       |
13|dismissal or nonreemployment of the teacher or when an administrator   |
  |                                                                       |
14|identifies poor performance or conduct that the administrator          |
  |                                                                       |
15|believes may lead to a recommendation for the dismissal or             |
  |                                                                       |
16|nonreemployment of the teacher, the administrator shall:               |
  |                                                                       |
17|    1.  Admonish the teacher, in writing, and make a reasonable        |
  |                                                                       |
18|effort to assist the teacher in correcting the poor performance or     |
  |                                                                       |
19|conduct; and                                                           |
  |                                                                       |
20|    2.  Establish a reasonable time for improvement, not to exceed     |
  |                                                                       |
21|two (2) months, taking into consideration the rating on the            |
  |                                                                       |
22|evaluation or the nature and gravity of the performance or conduct.    |
  |                                                                       |
23|    B.  If the teacher does not correct the poor performance or        |
  |                                                                       |
24|conduct cited in the admonition within the time specified, the         |
  |                                                                       |
                                                                   Page 14
___________________________________________________________________________

 1|administrator shall may make a recommendation to the superintendent    |
  |                                                                       |
 2|of the school district for the dismissal or nonreemployment of the     |
  |                                                                       |
 3|teacher.                                                               |
  |                                                                       |
 4|    C.  Whenever a member of the board of education, superintendent,   |
  |                                                                       |
 5|or other administrator identifies poor performance or conduct that     |
  |                                                                       |
 6|may lead to a recommendation for dismissal or nonreemployment of a     |
  |                                                                       |
 7|teacher within the district, the administrator who has                 |
  |                                                                       |
 8|responsibility for evaluation of the teacher shall be informed, and    |
  |                                                                       |
 9|that administrator shall comply with the procedures set forth in       |
  |                                                                       |
10|this section.  If the administrator fails or refuses to admonish the   |
  |                                                                       |
11|teacher within ten (10) days after being so informed by the board,     |
  |                                                                       |
12|superintendent, or other administrator, such board, superintendent,    |
  |                                                                       |
13|or other administrator shall admonish the teacher pursuant to the      |
  |                                                                       |
14|provisions of this section.                                            |
  |                                                                       |
15|    D.  Repeated negligence in performance of duty, willful neglect    |
  |                                                                       |
16|of duty, incompetency, instructional ineffectiveness, or               |
  |                                                                       |
17|unsatisfactory teaching performance, for a career teacher, or any      |
  |                                                                       |
18|cause related to inadequate teaching performance for a probationary    |
  |                                                                       |
19|teacher, shall not be a basis for a recommendation to dismiss or not   |
  |                                                                       |
20|reemploy a teacher unless and until the provisions of this section     |
  |                                                                       |
21|have been complied with.                                               |
  |                                                                       |
22|    SECTION 6.     AMENDATORY     70 O.S. 2021, Section 6-190, is      |
  |                                                                       |
23|amended to read as follows:                                            |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 15
___________________________________________________________________________

 1|    Section 6-190.  A.  The board of education of each school          |
  |                                                                       |
 2|district shall employ and contract in writing, as required in          |
  |                                                                       |
 3|Section 6-101 of this title, only with persons certified to teach by   |
  |                                                                       |
 4|the State Board of Education in accordance with the Oklahoma Teacher   |
  |                                                                       |
 5|Preparation Act, except as otherwise provided for by Section 6-101     |
  |                                                                       |
 6|of this title and by other law.                                        |
  |                                                                       |
 7|    B.  The Board shall issue a certificate to teach to any person     |
  |                                                                       |
 8|who:                                                                   |
  |                                                                       |
 9|    1.  Has successfully completed the teacher education program       |
  |                                                                       |
10|required by the Commission for Educational Quality and                 |
  |                                                                       |
11|Accountability;                                                        |
  |                                                                       |
12|    2.  Has graduated from an accredited institution of higher         |
  |                                                                       |
13|education that has approval or accreditation for teacher education;    |
  |                                                                       |
14|    3.  Has met all other requirements as may be established by the    |
  |                                                                       |
15|Board;                                                                 |
  |                                                                       |
16|    4.  Has made the necessary application and paid the competency     |
  |                                                                       |
17|examination fee in an amount and as prescribed by the Commission;      |
  |                                                                       |
18|    5.  Has successfully completed the competency examination          |
  |                                                                       |
19|required in Section 6-187 of this title; and                           |
  |                                                                       |
20|    6.  Beginning November 1, 2001, has on file with the Board a       |
  |                                                                       |
21|current Oklahoma criminal history record from the Oklahoma State       |
  |                                                                       |
22|Bureau of Investigation as well as a national criminal history         |
  |                                                                       |
23|record check as defined in Section 150.9 of Title 74 of the Oklahoma   |
  |                                                                       |
24|Statutes.  Upon receipt of the Oklahoma criminal history record, the   |
  |                                                                       |
                                                                   Page 16
___________________________________________________________________________

 1|Board may issue a temporary certificate which shall be effective       |
  |                                                                       |
 2|until receipt of the national fingerprint-based criminal history       |
  |                                                                       |
 3|record.  The person applying for a certificate shall be responsible    |
  |                                                                       |
 4|for the cost of the criminal history records.                          |
  |                                                                       |
 5|    C.  The Board shall issue a certificate to teach to any person     |
  |                                                                       |
 6|who:                                                                   |
  |                                                                       |
 7|    1.  Holds an out-of-state certificate and meets the requirements   |
  |                                                                       |
 8|set forth in subsection G of this section;                             |
  |                                                                       |
 9|    2.  Holds certification from the National Board for Professional   |
  |                                                                       |
10|Teaching Standards;                                                    |
  |                                                                       |
11|    3.  Holds an out-of-country certificate and meets the              |
  |                                                                       |
12|requirements set forth in subsection F of this section; or             |
  |                                                                       |
13|    4.  Has successfully completed a competency examination used in    |
  |                                                                       |
14|the majority of other states or comparable customized exam and meets   |
  |                                                                       |
15|the requirements set forth in subsection H of this section.            |
  |                                                                       |
16|    D.  Beginning July 1, 2004, any person applying for initial        |
  |                                                                       |
17|Oklahoma certification shall have on file with the Board a current     |
  |                                                                       |
18|Oklahoma criminal history record from the Oklahoma State Bureau of     |
  |                                                                       |
19|Investigation as well as a national criminal history record check as   |
  |                                                                       |
20|defined in Section 150.9 of Title 74 of the Oklahoma Statutes.  Upon   |
  |                                                                       |
21|receipt of the Oklahoma criminal history record, the Board may issue   |
  |                                                                       |
22|a temporary certificate which shall be effective until receipt of      |
  |                                                                       |
23|the national fingerprint-based criminal history record.  The person    |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 17
___________________________________________________________________________

 1|applying for a certificate shall be responsible for the cost of the    |
  |                                                                       |
 2|criminal history records.                                              |
  |                                                                       |
 3|    E.  Any person holding a valid certificate, issued prior to        |
  |                                                                       |
 4|January 1, 1997, shall be a certified teacher for purposes of the      |
  |                                                                       |
 5|Oklahoma Teacher Preparation Act, subject to any professional          |
  |                                                                       |
 6|development requirements prescribed by the Oklahoma Teacher            |
  |                                                                       |
 7|Preparation Act or by the State Board of Education.                    |
  |                                                                       |
 8|    F.  1.  The Board shall issue a certificate to teach to a person   |
  |                                                                       |
 9|who holds a valid out-of-country certificate and meets any             |
  |                                                                       |
10|requirements established by the Board.  The certificate to teach       |
  |                                                                       |
11|shall only be for those subject areas and grade levels most closely    |
  |                                                                       |
12|aligned to the subject areas and grade levels recognized on the        |
  |                                                                       |
13|out-of-country certificate.                                            |
  |                                                                       |
14|    2.  A person who meets the requirements of paragraph 1 of this     |
  |                                                                       |
15|subsection shall not be required to take any competency examinations   |
  |                                                                       |
16|in those subject areas and grade levels most closely aligned to the    |
  |                                                                       |
17|subject areas and grade levels recognized on the out-of-country        |
  |                                                                       |
18|certificate.                                                           |
  |                                                                       |
19|    3.  A person who meets the requirements of paragraph 1 of this     |
  |                                                                       |
20|subsection shall have on file with the Board a current Oklahoma        |
  |                                                                       |
21|criminal history record check from the Oklahoma State Bureau of        |
  |                                                                       |
22|Investigation as well as a national criminal history record check as   |
  |                                                                       |
23|defined in Section 150.9 of Title 74 of the Oklahoma Statutes.  Upon   |
  |                                                                       |
24|receipt of the Oklahoma criminal history record check, the Board may   |
  |                                                                       |
                                                                   Page 18
___________________________________________________________________________

 1|issue a temporary certificate which shall be effective until receipt   |
  |                                                                       |
 2|of the national fingerprint-based criminal history record check.       |
  |                                                                       |
 3|The person applying for a certificate shall be responsible for the     |
  |                                                                       |
 4|cost of the criminal history record checks.                            |
  |                                                                       |
 5|    4.  The Board shall promulgate rules establishing a process by     |
  |                                                                       |
 6|which out-of-country certificates will be reviewed and evaluated for   |
  |                                                                       |
 7|purposes of awarding a certificate to teach pursuant to this           |
  |                                                                       |
 8|subsection.                                                            |
  |                                                                       |
 9|    G.  1.  The Board shall issue a certificate to teach to a person   |
  |                                                                       |
10|who holds a valid out-of-state certificate.  The certificate to        |
  |                                                                       |
11|teach shall only be for those subject areas and grade levels most      |
  |                                                                       |
12|closely aligned to the subject areas and grade levels recognized on    |
  |                                                                       |
13|the out-of-state certificate.                                          |
  |                                                                       |
14|    2.  A person who meets the requirements of paragraph 1 of this     |
  |                                                                       |
15|subsection shall not be required to take any competency examinations   |
  |                                                                       |
16|in those subject areas and grade levels most closely aligned to the    |
  |                                                                       |
17|subject areas and grade levels recognized on the out-of-state          |
  |                                                                       |
18|certificate.                                                           |
  |                                                                       |
19|    3.  A person who meets the requirements of this subsection shall   |
  |                                                                       |
20|have on file with the Board a current Oklahoma criminal history        |
  |                                                                       |
21|record check from the Oklahoma State Bureau of Investigation as well   |
  |                                                                       |
22|as a national criminal history record check as defined in Section      |
  |                                                                       |
23|150.9 of Title 74 of the Oklahoma Statutes.  Upon receipt of the       |
  |                                                                       |
24|Oklahoma criminal history record check, the Board may issue a          |
  |                                                                       |
                                                                   Page 19
___________________________________________________________________________

 1|temporary certificate which shall be effective until receipt of the    |
  |                                                                       |
 2|national fingerprint-based criminal history record check.  The         |
  |                                                                       |
 3|person applying for a certificate shall be responsible for the cost    |
  |                                                                       |
 4|of the criminal history record checks.                                 |
  |                                                                       |
 5|    H.  1.  The Board shall issue a certificate to teach to a person   |
  |                                                                       |
 6|who has successfully completed a competency exam used in a majority    |
  |                                                                       |
 7|of the other states.  The certificate to teach shall only be for       |
  |                                                                       |
 8|those subject areas and grade levels that correspond with a            |
  |                                                                       |
 9|certification area used in Oklahoma.                                   |
  |                                                                       |
10|    2.  A person who meets the requirements of paragraph 1 of this     |
  |                                                                       |
11|subsection shall have on file with the Board a current Oklahoma        |
  |                                                                       |
12|criminal history record check from the Oklahoma State Bureau of        |
  |                                                                       |
13|Investigation as well as a national criminal history record check as   |
  |                                                                       |
14|defined in Section 150.9 of Title 74 of the Oklahoma Statutes.  Upon   |
  |                                                                       |
15|receipt of the Oklahoma criminal history record check, the Board may   |
  |                                                                       |
16|issue a temporary certificate which shall be effective until receipt   |
  |                                                                       |
17|of the national fingerprint-based criminal history record check.       |
  |                                                                       |
18|The person applying for a certificate shall be responsible for the     |
  |                                                                       |
19|cost of the criminal history record checks.                            |
  |                                                                       |
20|    I.  The Board shall issue a lead teaching certificate to any       |
  |                                                                       |
21|person who upon application:                                           |
  |                                                                       |
22|    1.  Has successfully completed the requirements of this            |
  |                                                                       |
23|subsection;                                                            |
  |                                                                       |
24|    2.  Has a minimum of five (5) years of experience as a teacher;    |
  |                                                                       |
                                                                   Page 20
___________________________________________________________________________

 1|    3.  Participates in a meaningful individualized program of         |
  |                                                                       |
 2|professional development, as provided for in Section 6-101.10 of       |
  |                                                                       |
 3|this title;                                                            |
  |                                                                       |
 4|    4.  Has earned a "highly effective" or "superior" rating           |
  |                                                                       |
 5|pursuant to Section 6-101.16 of this title; and                        |
  |                                                                       |
 6|    5. 4.  May have a teaching load of not more than seventy-five      |
  |                                                                       |
 7|percent (75%) student instruction to allow the teacher to mentor       |
  |                                                                       |
 8|other teachers.                                                        |
  |                                                                       |
 9|    J.  1.  The Board shall issue a master teaching certificate to     |
  |                                                                       |
10|any person who upon application:                                       |
  |                                                                       |
11|         a.    has successfully completed the requirements of this     |
  |                                                                       |
12|              subsection,                                              |
  |                                                                       |
13|         b.    has a minimum of seven (7) years of experience as a     |
  |                                                                       |
14|              teacher, and                                             |
  |                                                                       |
15|         c.   (1)   has earned a "superior" rating pursuant to         |
  |                                                                       |
16|                   Section 6-101.16 of this title, or                  |
  |                                                                       |
17|              (2)   has earned a "highly effective" rating pursuant    |
  |                                                                       |
18|                   to Section 6-101.16 of this title and holds or      |
  |                                                                       |
19|                   has held a National Board certification from the    |
  |                                                                       |
20|                   National Board for Professional Teaching            |
  |                                                                       |
21|                   Standards.                                          |
  |                                                                       |
22|    2.  Teachers with a master teaching certificate may assume         |
  |                                                                       |
23|leadership roles that include but are not limited to:                  |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 21
___________________________________________________________________________

 1|         a.    the planning and delivery of professional development   |
  |                                                                       |
 2|              activities designed to improve instructional             |
  |                                                                       |
 3|              strategies,                                              |
  |                                                                       |
 4|         b.    the facilitation of an instructional leadership team    |
  |                                                                       |
 5|              within the building or school district in which the      |
  |                                                                       |
 6|              lead teacher is assigned, and                            |
  |                                                                       |
 7|         c.    the mentoring of other teachers and participation in    |
  |                                                                       |
 8|              evaluations of other teachers.                           |
  |                                                                       |
 9|    3.  Teachers with a master teaching certificate may have a         |
  |                                                                       |
10|teaching load of not more than fifty percent (50%) student             |
  |                                                                       |
11|instruction to allow the lead teacher to spend time on:                |
  |                                                                       |
12|         a.    co-teaching,                                            |
  |                                                                       |
13|         b.    co-planning,                                            |
  |                                                                       |
14|         c.    peer reviews, and                                       |
  |                                                                       |
15|         d.    other duties mutually agreed upon by the                |
  |                                                                       |
16|              superintendent and the master teacher, and may be used   |
  |                                                                       |
17|              to satisfy the qualitative evaluation component for      |
  |                                                                       |
18|              teachers as required by Section 6-101.16 of this title   |
  |                                                                       |
19|              by performing the duties set forth in this paragraph.    |
  |                                                                       |
20|    K.  The State Board of Education shall adopt rules to implement    |
  |                                                                       |
21|a renewal schedule and associated fees for lead and master teaching    |
  |                                                                       |
22|certificates.  The rules shall allow a teacher that no longer meets    |
  |                                                                       |
23|the requirements of a lead or master teaching certificate to make      |
  |                                                                       |
24|application for the standard teaching certificate.                     |
  |                                                                       |
                                                                   Page 22
___________________________________________________________________________

 1|    L.  The terms of the contracts issued to those holding lead and    |
  |                                                                       |
 2|master teaching certificates shall include the following:              |
  |                                                                       |
 3|    1.  Lead:  an additional ten (10) days to be used to strengthen    |
  |                                                                       |
 4|instructional leadership.  A person with a lead teaching certificate   |
  |                                                                       |
 5|shall receive an annual salary supplement of at least Three Thousand   |
  |                                                                       |
 6|Dollars ($3,000.00) or the district's daily rate of pay, whichever     |
  |                                                                       |
 7|is higher, in addition to the salary for which the teacher qualifies   |
  |                                                                       |
 8|pursuant to Section 18-114.14 of this title; and                       |
  |                                                                       |
 9|    2.  Master:  an additional fifteen (15) days to be used to         |
  |                                                                       |
10|strengthen leadership.  A person with a master teaching certificate    |
  |                                                                       |
11|shall receive an annual salary supplement of at least Five Thousand    |
  |                                                                       |
12|Dollars ($5,000.00) or the district's daily rate of pay, whichever     |
  |                                                                       |
13|is higher, in addition to the salary for which the teacher qualifies   |
  |                                                                       |
14|pursuant to Section 18-114.14 of this title.                           |
  |                                                                       |
15|    If a person with a lead or master teaching certificate changes     |
  |                                                                       |
16|school districts during the life of the certificate, the terms of      |
  |                                                                       |
17|the contracts required in this subsection shall be subject to          |
  |                                                                       |
18|approval by the new employing school district.                         |
  |                                                                       |
19|    M.  1.  Any person who is eligible for a lead or master teaching   |
  |                                                                       |
20|certificate described in this section shall make application for the   |
  |                                                                       |
21|following school year with the State Board of Education.  The          |
  |                                                                       |
22|application shall include a recommendation from the local school       |
  |                                                                       |
23|district board of education and determination that the applicant has   |
  |                                                                       |
24|met the statutory criteria.  In reviewing an application, the local    |
  |                                                                       |
                                                                   Page 23
___________________________________________________________________________

 1|school district board of education and the superintendent shall        |
  |                                                                       |
 2|consider the ability of the school district to fulfill the             |
  |                                                                       |
 3|additional requirements described in subsections I and J of this       |
  |                                                                       |
 4|section before making a recommendation to the State Board of           |
  |                                                                       |
 5|Education.                                                             |
  |                                                                       |
 6|    2.  The State Department of Education shall develop an             |
  |                                                                       |
 7|application to implement the provisions of this subsection and make    |
  |                                                                       |
 8|it available to school districts.                                      |
  |                                                                       |
 9|    N.  Beginning in the 2021-2022 school year, the Department shall   |
  |                                                                       |
10|make the teaching certificates provided for in this section            |
  |                                                                       |
11|available for any person who has received a recommendation from        |
  |                                                                       |
12|their local school district board of education and who meets the       |
  |                                                                       |
13|eligibility criteria.                                                  |
  |                                                                       |
14|    O.  For the 2019-2020 and 2020-2021 school years, the Department   |
  |                                                                       |
15|shall identify school districts to implement the teaching              |
  |                                                                       |
16|certificates provided for in this section on a pilot program basis     |
  |                                                                       |
17|with the assistance of public-private partnerships, funding from       |
  |                                                                       |
18|philanthropic organizations, or federal grants.                        |
  |                                                                       |
19|    P.  The Department shall seek funding necessary for the            |
  |                                                                       |
20|administration of this section.  If funding for the administration     |
  |                                                                       |
21|of the teaching certificates listed in subsections I and J of this     |
  |                                                                       |
22|section is not available, the Department shall not be required to      |
  |                                                                       |
23|fulfill the requirements listed in subsections L, M, N, and O of       |
  |                                                                       |
24|this section.                                                          |
  |                                                                       |
                                                                   Page 24
___________________________________________________________________________

 1|    Q.  The State Board of Education shall promulgate rules to         |
  |                                                                       |
 2|implement the provisions of this act.                                  |
  |                                                                       |
 3|    SECTION 7.     REPEALER     70 O.S. 2021, Section 6-101.10, is     |
  |                                                                       |
 4|hereby repealed.                                                       |
  |                                                                       |
 5|    SECTION 8.  This act shall become effective July 1, 2022.          |
  |                                                                       |
 6|    SECTION 9.  It being immediately necessary for the preservation    |
  |                                                                       |
 7|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
 8|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 9|be in full force from and after its passage and approval."             |
  |                                                                       |
10|    Passed the House of Representatives the 26th day of April, 2022.   |
  |                                                                       |
11|                                                                       |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                  Presiding Officer of the House of    |
  |                                                    Representatives    |
14|                                                                       |
  |                                                                       |
15|    Passed the Senate the ____ day of __________, 2022.                |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                  Presiding Officer of the Senate      |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
                                                                   Page 25
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