1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 526 By: Pugh |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to teachers; amending 51 O.S. 2021, |
| Section 24A.7, as amended by Section 2, Chapter 307, |
8| O.S.L. 2022 (51 O.S. Supp. 2022, Section 24A.7), |
| which relates to confidentiality of certain personnel |
9| records; modifying language regarding confidentiality |
| of certain evaluation records; amending 70 O.S. 2021, |
10| Section 5-141, which relates to school district |
| minimum salary schedules; removing language allowing |
11| additional compensation for certain evaluation |
| ratings; updating statutory reference; updating |
12| statutory language; amending 70 O.S. 2021, Section |
| 5-141.2, which relates to model incentive pay plans; |
13| removing statutory reference; amending 70 O.S. 2021, |
| Section 5-141.4, which relates to teacher incentive |
14| pay awards; removing language allowing an incentive |
| pay plan to be based on certain system; updating |
15| statutory language; defining term; amending 70 O.S. |
| 2021, Section 6-101.3, which relates to definitions |
16| related to teachers; modifying definitions; amending |
| 70 O.S. 2021, Section 6-101.10, which relates to |
17| school district evaluation policies; allowing rather |
| than requiring certain policy; removing reference to |
18| certain professional development; providing optional |
| criteria for certain policy; removing references to |
19| implementation of the Oklahoma Teacher and Leader |
| Effectiveness Evaluation System; removing |
20| requirements for certain professional development |
| policy; removing requirement for certain training; |
21| allowing rather than requiring the State Department |
| of Education to conduct certain workshops; removing |
22| language directing monitoring of certain compliance; |
| amending 70 O.S. 2021, Section 6-101.11, which |
23| relates to copies of evaluations; providing statutory |
| reference; removing language regarding availability |
24| of certain evaluation data; amending 70 O.S. 2021, |
| Section 6-101.13, which relates to due process |
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1| procedures; removing language allowing dismissal or |
| nonreemployment of a principal who receives certain |
2| evaluation rating; amending 70 O.S. 2021, Section |
| 6-101.22, which relates to reasons to dismiss career |
3| teachers; removing language requiring dismissal or |
| nonreemployment of teachers who receive certain |
4| evaluation ratings; amending 70 O.S. 2021, Section |
| 6-101.23, which relates to inapplicability of certain |
5| due process provisions; removing language requiring |
| application of certain evaluation provisions to |
6| certain teachers; updating statutory references; |
| amending 70 O.S. 2021, Section 6-101.24, which |
7| relates to identification of poor teacher |
| performance; removing language regarding actions to |
8| be taken upon implementation of certain evaluation |
| system; allowing rather than requiring certain |
9| recommendation for dismissal or nonreemployment; |
| providing statutory reference; amending 70 O.S. 2021, |
10| Section 6-190, as amended by Section 3, Chapter 359, |
| O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-190), |
11| which relates to contracting with teachers; removing |
| qualifications for certain teacher certificates |
12| related to evaluation ratings; removing certain |
| exemption; updating statutory language; updating |
13| statutory reference; repealing 70 O.S. 2021, Section |
| 6-101.16, which relates to adoption of the Oklahoma |
14| Teacher and Leader Effectiveness Evaluation System; |
| repealing 70 O.S. 2021, Section 6-101.31, which |
15| relates to basing retention or reassignment decisions |
| on certain evaluation ratings; providing an effective |
16| date; and declaring an emergency. |
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17| |
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18| |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as |
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21|amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022, |
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22|Section 24A.7), is amended to read as follows: |
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23| Section 24A.7. A. At the sole discretion of the public body, a |
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24|public body may keep personnel records confidential: |
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1| 1. Which relate to internal personnel investigations including |
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2|examination and selection material for employment, hiring, |
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3|appointment, promotion, demotion, discipline, or resignation; or |
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4| 2. Where disclosure would constitute a clearly unwarranted |
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5|invasion of personal privacy such as employee evaluations, payroll |
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6|deductions, employment applications submitted by persons not hired |
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7|by the public body, and transcripts from institutions of higher |
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8|education maintained in the personnel files of certified public |
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9|school employees; provided, however, that nothing in this subsection |
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10|shall be construed to exempt from disclosure the degree obtained and |
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11|the curriculum on the transcripts of certified public school |
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12|employees. |
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13| B. All personnel records not specifically falling within the |
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14|exceptions provided in subsection A or D of this section shall be |
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15|available for public inspection and copying including, but not |
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16|limited to, records of: |
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17| 1. An employment application of a person who becomes a public |
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18|official; |
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19| 2. The gross receipts of public funds; |
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20| 3. The dates of employment, title, or position; and |
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21| 4. Any final disciplinary action resulting in loss of pay, |
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22|suspension, demotion of position, or termination. |
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23| |
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24| |
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1| C. Except as may otherwise be made confidential by statute, an |
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2|employee of a public body shall have a right of access to his own |
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3|personnel file. |
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4| D. The home addresses, home telephone numbers, Social Security |
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5|numbers, private email addresses, and private mobile phone numbers |
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6|of current and former public employees shall not be open to public |
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7|inspection or disclosure; provided, however, that nothing in this |
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8|subsection shall be construed to exempt from disclosure public |
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9|records created using a private email address or private mobile |
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10|phone. |
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11| E. Except as otherwise required by Section 6-101.16 of Title 70 |
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12|of the Oklahoma Statutes, public Public bodies shall keep |
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13|confidential all records created pursuant related to the Oklahoma |
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14|Teacher and Leader Effectiveness Evaluation System (TLE) evaluations |
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15|conducted pursuant to Section 6-101.10 of Title 70 of the Oklahoma |
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16|Statutes which identify a current or former public employee and |
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17|contain any evaluation, or observation or other TLE record of such |
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18|the employee. |
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19| SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-141, is |
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20|amended to read as follows: |
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21| Section 5-141. A. Each school district of this state shall |
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22|adopt a minimum salary schedule and shall transmit a copy of it to |
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23|the State Board of Education within thirty (30) days after adoption. |
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24| A school district shall not calculate salaries of teachers solely |
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1|as a proportion of the salaries of the administrators of the |
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2|district. |
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3| B. Districts shall be encouraged to provide compensation |
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4|schedules to reflect district policies and circumstances, including |
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5|differential pay for different subject areas and special incentives |
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6|for teachers in districts with specific geographical attributes. |
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7|Districts may also adopt a salary schedule that provides additional |
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8|compensation for achieving certain ratings under the Oklahoma |
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9|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
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10|forth in Section 6 of this act. Any salary schedule adopted by a |
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11|district pursuant to this section shall not set salaries at amounts |
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12|less than those set pursuant to Section 18-114.12 18-114.14 of this |
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13|title. |
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14| C. The State Department of Education shall compile a report of |
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15|the minimum salary schedules for every school district in the state |
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16|and shall submit the report to the Governor, Speaker of the House of |
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17|Representatives, and President Pro Tempore of the Senate no later |
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18|than December 15 of each year. |
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19| D. Each school district shall file within fifteen (15) days of |
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20|signing the contract, the employment contract of the superintendent |
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21|of the school district with the State Department of Education. The |
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22|Department shall keep all contracts available for inspection by the |
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23|public. The school district shall not be authorized to pay any |
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24|salary, benefits, or other compensation to a superintendent which |
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1|are is not specified in the contract on file and shall not pay |
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2|administrators any amounts for accumulated sick leave that are not |
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3|calculated on the same formula used for determining payment for |
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4|accumulated sick leave benefits for other full-time employees of |
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5|that school district and shall not pay administrators any amounts |
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6|for accumulated vacation leave benefits that are not calculated on |
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7|the same formula used for determining payment for accumulated |
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8|vacation leave benefits for other twelve-month full-time employees |
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9|of that school district. |
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10| E. By October 1 of each year each district board of education |
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11|shall prepare a schedule of salaries and fringe benefits paid |
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12|administrators employed by the district, including a description of |
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13|the fringe benefits. The schedule shall be a public record and |
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14|shall be disclosed as required by the Oklahoma Open Records Act. |
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15|The board shall file a copy of the schedule with the State |
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16|Department of Education within one week of completion. |
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17| F. For purposes of this section the term "administrator" shall |
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18|include employees who are employed and certified as superintendents, |
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19|assistant superintendents, principals, and assistant principals and |
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20|who have responsibilities for supervising classroom teachers. |
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21| SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-141.2, is |
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22|amended to read as follows: |
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23| Section 5-141.2. A. In addition to incentive pay plans |
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24|authorized pursuant to Section 4 of this act, the The State Board of |
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1|Education shall develop not fewer than five different model |
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2|incentive pay plans and shall distribute information about each plan |
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3|to every school district board of education. No plan developed by |
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4|the Board or implemented by a school district board of education |
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5|shall permit payment in any one (1) year of incentives to any one |
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6|teacher amounting to more than fifty percent (50%) of the regular |
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7|salary of the teacher, exclusive of fringe benefits or extra duty |
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8|pay. Any incentive pay award shall be an annual award and shall not |
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9|be a part of a continuing contract of a teacher. Any incentive pay |
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10|awards received shall be excluded from the compensation of a teacher |
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11|for purposes of calculating retirement pursuant to the Teachers' |
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12|Retirement System of Oklahoma and shall not be subject to taxes |
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13|levied by the Federal Insurance Contributions Act (F.I.C.A.), to the |
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14|extent an exemption is provided by federal law. |
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15| B. A school district board of education may adopt an |
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16|academically based, district incentive pay plan for the classroom |
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17|teachers in the district. The district may adopt any incentive pay |
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18|plan consistent with the requirements of this section, which may |
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19|include any incentive pay plan developed by the State Board of |
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20|Education pursuant to this section. The school district board of |
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21|education shall appoint an advisory committee consisting of |
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22|teachers, parents, business persons or farmers, and other local |
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23|citizens to advise the board in formulating an incentive pay plan. |
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24|Prior to the adoption of a plan, the board of education shall place |
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1|the plan on the school board agenda for public comment and shall |
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2|submit the plan to the State Board of Education for final approval |
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3|on or before March 1 prior to implementation of the plan during the |
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4|succeeding school year. The board of education shall comply with |
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5|the provisions of this subsection for any year a plan is to be |
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6|modified. |
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7| C. A school district shall be required to adopt and implement |
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8|an academically based, district incentive pay plan for any school |
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9|year following the receipt by the school district board of |
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10|education, of a petition signed by twenty percent (20%) of the |
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11|classroom teachers employed in the district which calls for the |
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12|adoption of an incentive pay plan for the district. |
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13| D. Student test scores shall not be the sole criterion for |
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14|allocation of incentive pay under any plan developed or approved by |
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15|the Board. |
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16| E. For the purposes of this section only, "classroom teacher" |
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17|shall mean any employee who holds certification and assignment |
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18|outside the classification of administrator. |
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19| F. The State Board of Education shall promulgate rules |
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20|necessary for the effective implementation and administration of |
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21|this section. |
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22| G. Each school district board of education shall provide for a |
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23|local evaluation committee which shall advise the board on which |
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24| |
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1|teachers are to receive incentive pay awards and the amount of each |
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2|incentive pay award according to the plan. |
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3| H. Nothing herein shall preclude a school district from |
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4|supplementing any monies appropriated to the district for the |
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5|purposes of funding the incentive pay plan of the district with |
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6|monies from the general fund for the district. |
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7| SECTION 4. AMENDATORY 70 O.S. 2021, Section 5-141.4, is |
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8|amended to read as follows: |
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9| Section 5-141.4. A. 1. In addition to incentive pay plans |
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10|authorized pursuant to Section 5-141.2 of this title, beginning with |
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11|the 2012-13 school year, a school district may implement an |
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12|incentive pay plan that rewards teachers who are increasing student |
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13|and school growth in achievement. |
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14| 2. Teacher performance shall be measured using the Oklahoma |
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15|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
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16|forth in Section 6-101.16 of this title. |
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17| 3. Individual teacher incentive pay awards shall be based upon: |
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18| a. achieving either a "superior" or "highly |
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19| effective" rating under the TLE, and |
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20| b. grade level, subject area, or school level |
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21| performance success. |
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22| B. 1. Beginning with the 2012-13 school year, a school |
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23|district may implement an incentive pay plan as authorized pursuant |
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24|to this section. |
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1| 2. For purposes of this section, "leader" means a principal, |
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2|assistant principal or any other school administrator who is |
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3|responsible for supervising classroom teachers. |
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4| 3. School leader effectiveness shall be measured using the |
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5|Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as |
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6|set forth in Section 6-101.16 of this title. |
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7| 4. Individual school leader incentive pay awards shall be based |
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8|upon: |
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9| a. achieving either a "superior" or "highly |
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10| effective" rating under the TLE, and |
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11| b. grade level, subject area, or school level |
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12| performance success. |
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13| C. Incentive pay plans implemented pursuant to subsections A |
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14|and B of this section shall be developed through a collaborative |
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15|planning process involving stakeholders, including teachers and |
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16|school leaders. |
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17| D. In addition to individual teacher and leader incentive pay |
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18|plans, as authorized pursuant to this section, School districts may |
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19|develop and implement incentive pay systems for: |
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20| 1. Teaching in critical shortage subject areas including, but |
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21|not limited to, foreign language; |
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22| 2. Teachers and leaders who work in schools identified as in |
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23|need of improvement as determined by the State Board of Education; |
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24| |
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1| 3. Teaching in the subject areas of Science science, Technology |
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2|technology, Engineering engineering, and Math mathematics (STEM); or |
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3| 4. Teachers and leaders who work in schools or school districts |
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4|designated by the State Board of Education as hard-to-staff. For |
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5|purposes of this section, "leader" means a principal, assistant |
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6|principal, or any other school administrator who is responsible for |
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7|supervising classroom teachers. |
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8| E. B. 1. Prior to implementation of any incentive pay plan |
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9|developed pursuant to this section, the school district board of |
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10|education shall place the plan on the agenda for public comment at a |
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11|meeting of the district board of education. |
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12| 2. After approval of the incentive pay plan, the school |
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13|district board of education shall submit the plan to the State Board |
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14|of Education for final approval. Within sixty (60) days of receipt |
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15|of the plan, the State Board shall review and approve or reject the |
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16|plan. If it is determined that the plan meets the requirements of |
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17|this section, the State Board shall approve the plan. If the plan |
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18|does not meet the requirements of this section, the State Board |
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19|shall reject the plan and provide written notification to the school |
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20|district board of education along with the grounds for rejection. |
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21| 3. The district board of education shall comply with the |
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22|provisions of this subsection for any year a plan is to be modified. |
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23| F. C. Any incentive pay award shall be an annual award and |
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24|shall not be a part of a continuing contract for an employee. Any |
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1|incentive pay award to any teacher or leader shall not exceed more |
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2|than fifty percent (50%) of the regular salary of the teacher or |
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3|leader, exclusive of fringe benefits or extra duty pay. Any |
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4|incentive pay awards received shall be excluded from compensation |
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5|for purposes of calculating retirement pursuant to the Teachers' |
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6|Retirement System of Oklahoma and shall not be subject to taxes |
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7|levied by the Federal Insurance Contributions Act (F.I.C.A.), to the |
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8|extent such exemption is provided by federal law. |
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9| SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.3, is |
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10|amended to read as follows: |
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11| Section 6-101.3. As used in Section 6-101 et seq. of this |
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12|title: |
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13| 1. "Administrator" means a duly certified person who devotes a |
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14|majority of time to service as a superintendent, elementary |
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15|superintendent, principal, supervisor, vice principal, or in any |
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16|other administrative or supervisory capacity in the school district; |
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17| 2. "Dismissal" means the discontinuance of the teaching service |
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18|of an administrator or teacher during the term of a written |
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19|contract, as provided by law; |
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20| 3. "Nonreemployment" means the nonrenewal of the contract of an |
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21|administrator or teacher upon expiration of the contract; |
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22| 4. "Career teacher" means a teacher who: |
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23| a. is employed by a school district prior to the |
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24| 2017-2018 school year and has completed three (3) or |
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1| more consecutive complete school years as a teacher in |
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2| one school district under a written continuing or |
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3| temporary teaching contract, or |
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4| b. is employed for the first time by a school district |
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5| under a written continuing or temporary teaching |
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6| contract during the 2017-2018 school year and |
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7| thereafter: |
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8| (1) has completed three (3) consecutive complete |
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9| school years as a teacher in one school district |
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10| under a written continuing or temporary teaching |
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11| contract and has achieved a district evaluation |
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12| rating of "superior" as measured pursuant to the |
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13| TLE as set forth in Section 6-101.16 of this |
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14| title for at least two (2) of the three (3) |
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15| school years, |
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16| (2) has completed four (4) consecutive complete |
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17| school years as a teacher in one school district |
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18| under a written continuing or temporary teaching |
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19| contract, has averaged a district evaluation |
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20| rating of at least "effective" as measured |
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21| pursuant to the TLE for the four-year period, and |
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22| has received district evaluation ratings of at |
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23| least "effective" for the last two (2) years of |
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24| the four-year period, or |
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1| (3) has completed four (4) or more consecutive |
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2| complete school years in one school district |
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3| under a written continuing or temporary teaching |
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4| contract and has not met the requirements of |
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5| subparagraph a or b of this paragraph, only if |
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6| the principal of the school at which the teacher |
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7| is employed submits a petition to the |
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8| superintendent of the school district requesting |
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9| that the teacher be granted career status, the |
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10| superintendent agrees with the petition, and the |
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11| school district board of education approves the |
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12| petition. The principal shall specify in the |
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13| petition the underlying facts supporting the |
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14| granting of career status to the teacher; |
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15| 5. "Teacher hearing" means the hearing before a school district |
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16|board of education after a recommendation for dismissal or |
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17|nonreemployment of a teacher has been made but before any final |
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18|action is taken on the recommendation, held for the purpose of |
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19|affording the teacher all rights guaranteed by the United States |
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20|Constitution and the Constitution of Oklahoma under circumstances |
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21|and for enabling the board to determine whether to approve or |
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22|disapprove the recommendation; |
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23| 6. "Probationary teacher" means a teacher who: |
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24| |
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1| a. is employed by a school district prior to the |
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2| 2017-2018 school year and has completed fewer than |
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3| three (3) consecutive complete school years as a |
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4| teacher in one school district under a written |
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5| teaching contract, or |
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6| b. is employed for the first time by a school district |
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7| under a written teaching contract during the 2017-2018 |
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8| school year and thereafter and has not met the |
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9| requirements for career teacher as provided in |
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10| paragraph 4 of this section; |
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11| 7. "Suspension" or "suspended" means the temporary |
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12|discontinuance of the services of an administrator or teacher, as |
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13|provided by law; and |
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14| 8. "Teacher" means a person defined as a teacher has the same |
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15|meaning as provided for in Section 1-116 of this title; and |
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16| 9. "District evaluation rating" means the rating issued based |
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17|on the components of the TLE as set forth in subsection B of Section |
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18|6-101.16 of this title. |
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19| SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.10, is |
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20|amended to read as follows: |
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21| Section 6-101.10. A. Each school district board of education |
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22|shall may maintain and annually review, following consultation with |
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23|or involvement of representatives selected by local teachers, a |
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24|written policy of evaluation and corresponding professional |
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1|development for all teachers and administrators. In those school |
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2|districts in which there exists a professional negotiations |
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3|agreement made in accordance with Section 509.1 et seq. of this |
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4|title, the procedure for evaluating members of the negotiations unit |
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5|and any standards of performance and conduct proposed for adoption |
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6|beyond those established by the State Board of Education shall be |
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7|negotiable items. Nothing in this section shall be construed to |
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8|annul, modify, or to preclude the renewal or continuing of any |
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9|existing agreement heretofore entered into between any school |
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10|district and any organizational representative of its employees. |
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11|Every A school district policy of evaluation adopted by a board of |
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12|education shall may: |
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13| 1. Be based upon a set of minimum criteria developed by the |
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14|State Board of Education, which shall be revised and based upon the |
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15|Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) |
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16|developed by the State Board of Education as provided in Section |
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17|6-101.16 of this title. The revisions to each policy of evaluation |
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18|shall be phased in according to the following schedule: |
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19| a. for the 2014-2015, 2015-2016 and 2016-2017 school |
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20| years, the evaluation rating of teachers and |
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21| administrators shall be based on the qualitative |
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22| component of the TLE. For the 2016-2017 school year, |
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23| the State Department of Education shall work with |
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24| school districts to develop individualized programs of |
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1| professional development as described in subsection B |
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2| of this section. However, nothing in this |
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3| subparagraph shall preclude a school district with an |
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4| average daily attendance of more than thirty-five |
| |
5| thousand (35,000) from continuing to use quantitative |
| |
6| components which the district has incorporated at its |
| |
7| own expense prior to the 2015-2016 school year into |
| |
8| its evaluation system of teachers and administrators, |
| |
9| as defined by the district's written policy, |
| |
10| b. for evaluations of teachers and administrators |
| |
11| conducted during the 2017-2018 school year, and each |
| |
12| school year thereafter, school districts shall |
| |
13| incorporate and put into operation the qualitative |
| |
14| component of the TLE as provided for in subsection B |
| |
15| of Section 6-101.16 of this title into the evaluations |
| |
16| used in all school sites within the district. For the |
| |
17| 2017-2018 school year, and each school year |
| |
18| thereafter, teachers and administrators shall receive |
| |
19| a district evaluation rating based on the components |
| |
20| of the TLE as set forth in subsection B of Section |
| |
21| 6-101.16 of this title. For the 2017-2018 school |
| |
22| year, school districts shall incorporate the |
| |
23| individualized programs of professional development as |
| |
24| |
| |
Req. No. 573 Page 17
___________________________________________________________________________
1| described in subsection B of this section on a pilot |
| |
2| program basis, and |
| |
3| c. for evaluations of teachers and administrators |
| |
4| conducted during the 2018-2019 school year, and each |
| |
5| school year thereafter, school districts shall fully |
| |
6| incorporate and put into operation the individualized |
| |
7| programs of professional development as described in |
| |
8| subsection B of this section school district board of |
| |
9| education; |
| |
10| 2. Be prescribed in writing at the time of adoption and at all |
| |
11|times when amendments to the policy are adopted. The original |
| |
12|policy and all amendments to the policy shall be promptly made |
| |
13|available to all persons subject to the policy; |
| |
14| 3. Provide that all evaluations be made in writing and that |
| |
15|evaluation documents and responses thereto be maintained in a |
| |
16|personnel file for each evaluated person; |
| |
17| 4. Provide that every probationary teacher receive formative |
| |
18|feedback from the evaluation process at least two times per school |
| |
19|year, once during the fall semester and once during the spring |
| |
20|semester; |
| |
21| 5. Provide for the development of a focused and individualized |
| |
22|program of professional development for the teacher or |
| |
23|administrator; |
| |
24| |
| |
Req. No. 573 Page 18
___________________________________________________________________________
1| 6. Provide that every teacher be evaluated once every year, |
| |
2|except for career teachers receiving a district evaluation rating of |
| |
3|"superior" or "highly effective" under the TLE who may be evaluated |
| |
4|once every three (3) years for the frequency of evaluation of |
| |
5|teachers and administrators; and |
| |
6| 6. 7. Provide that, except for the evaluation of |
| |
7|superintendents of independent and elementary school districts and |
| |
8|superintendents of area school districts who shall be evaluated by |
| |
9|the school district board of education, all and the evaluation of |
| |
10|certified personnel shall be evaluated by a principal, assistant |
| |
11|principal, designee of the principal, supervisor, content expert, |
| |
12|department chair, peer committee, or other trained persons or groups |
| |
13|of persons designated by the school district board of education. |
| |
14| B. 1. Every policy of professional development adopted by a |
| |
15|school district board of education shall provide for the development |
| |
16|of a focused and individualized program of professional development |
| |
17|for the teacher or administrator that is consistent with the |
| |
18|qualitative component of the TLE. The policy of professional |
| |
19|development shall: |
| |
20| a. establish an annual professional growth goal for the |
| |
21| teacher or administrator that is developed by the |
| |
22| teacher or administrator in collaboration with the |
| |
23| evaluator, |
| |
24| |
| |
Req. No. 573 Page 19
___________________________________________________________________________
1| b. be tailored to address a specific area or criteria |
| |
2| identified through the qualitative component of the |
| |
3| TLE, |
| |
4| c. allow the teacher or administrator to actively engage |
| |
5| with learning practices that are evidence-based, |
| |
6| researched practices that are correlated with |
| |
7| increased student achievement, and |
| |
8| d. be supported by resources that are easily available |
| |
9| and supplied by the school district and the State |
| |
10| Department of Education. |
| |
11| 2. School districts shall monitor compliance with each |
| |
12|individualized program of professional development implemented |
| |
13|pursuant to this subsection. All professional development completed |
| |
14|pursuant to an individualized program of professional development |
| |
15|shall count toward the total number of points a teacher or |
| |
16|administrator is required to complete as established by a school |
| |
17|district board of education pursuant to Section 6-194 of this title. |
| |
18| The implementation of the individualized program of professional |
| |
19|development required by this subsection shall not be construed as |
| |
20|increasing the professional development points requirements. |
| |
21| 3. Individualized programs of professional development required |
| |
22|by this subsection may include but are not limited to the following |
| |
23|learning practices: |
| |
24| a. presenter-led workshops, |
| |
Req. No. 573 Page 20
___________________________________________________________________________
1| b. individual or faculty studies of books, scholarly |
| |
2| articles and video productions, |
| |
3| c. peer observations, |
| |
4| d. committee studies to address student achievement |
| |
5| issues, |
| |
6| e. work related to a specific subject area or areas |
| |
7| associated with obtaining an advanced degree or |
| |
8| professional certification, |
| |
9| f. action research projects designed to improve student |
| |
10| achievement, and |
| |
11| g. participation in local, regional or state initiatives |
| |
12| associated with the development or implementation of |
| |
13| curriculum standards. |
| |
14| C. All individuals designated by the school district board of |
| |
15|education to conduct the personnel evaluations shall be required to |
| |
16|participate in training conducted by the State Department of |
| |
17|Education or training provided by the school district using |
| |
18|guidelines and materials developed by the State Department of |
| |
19|Education prior to conducting evaluations. |
| |
20| D. The State Department of Education shall may develop and |
| |
21|conduct workshops pursuant to statewide criteria which train |
| |
22|individuals in conducting evaluations. |
| |
23| E. The State Board of Education shall monitor compliance with |
| |
24|the provisions of this section by school districts. |
| |
Req. No. 573 Page 21
___________________________________________________________________________
1| F. The State Board of Education shall study continued |
| |
2|implementation of the TLE to produce a system that promotes |
| |
3|reflection and professional growth for teachers and leaders. |
| |
4| G. Refusal by a school district to comply with the provisions |
| |
5|of this section shall be grounds for withholding State Aid funds |
| |
6|until compliance occurs. |
| |
7| H. C. Data collected pursuant to this section pursuant to a |
| |
8|school district's evaluation policy shall not be subject to the |
| |
9|Oklahoma Open Meeting Act or the Oklahoma Open Records Act. |
| |
10| SECTION 7. AMENDATORY 70 O.S. 2021, Section 6-101.11, is |
| |
11|amended to read as follows: |
| |
12| Section 6-101.11. Whenever any evaluation is made of a teacher |
| |
13|or administrator pursuant to the provisions of Section 6-101.10 of |
| |
14|this title, a true copy of the evaluation shall be presented to the |
| |
15|person evaluated, who shall acknowledge the written evaluation by |
| |
16|signing the original. Within two (2) weeks after the evaluation, |
| |
17|the person evaluated may respond, and said the response shall be |
| |
18|made part of the record. Except by order of a court of competent |
| |
19|jurisdiction, evaluation documents and the responses thereto shall |
| |
20|be available only to the evaluated person, the board of education, |
| |
21|the administrative staff making the evaluation, the board and |
| |
22|administrative staff of any school to which such the evaluated |
| |
23|person applies for employment, and such other persons as are |
| |
24|specified by the teacher in writing and shall be subject to |
| |
Req. No. 573 Page 22
___________________________________________________________________________
1|disclosure at any hearing involving a teacher or administrator's |
| |
2|dismissal or nonrenewal from employment. Data collected pursuant to |
| |
3|Section 6-101.10 shall be available to authorized representatives of |
| |
4|the State Department of Education and its contracting designees who |
| |
5|must be contractually bound to the Department to maintain |
| |
6|confidentiality of all information received from the Department when |
| |
7|such evaluation data is used by the Department for data |
| |
8|collection/analysis purposes under the Oklahoma Teacher and Leader |
| |
9|Effectiveness Evaluation System, and such other persons as are |
| |
10|specified by the teacher in writing and shall be subject to |
| |
11|disclosure at any hearing involving a teacher or administrator's |
| |
12|dismissal or nonrenewal from employment. |
| |
13| SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.13, is |
| |
14|amended to read as follows: |
| |
15| Section 6-101.13. A. Whenever the school district board of |
| |
16|education or the administration of a school district shall determine |
| |
17|that the dismissal or nonreemployment of a full-time certified |
| |
18|administrator from the administrative position within the school |
| |
19|district should be effected, the administrator shall be entitled to |
| |
20|the following due process procedures: |
| |
21| 1. A statement shall be submitted to the administrator in |
| |
22|writing prior to the dismissal or nonreemployment which states the |
| |
23|proposed action, lists the reasons for effecting the action, and |
| |
24| |
| |
Req. No. 573 Page 23
___________________________________________________________________________
1|notifies the administrator of his or her right to a hearing before |
| |
2|the school district board of education prior to the action; and |
| |
3| 2. A hearing before the school district board of education |
| |
4|shall be granted upon the request of the administrator prior to the |
| |
5|dismissal or nonreemployment. A request for a hearing shall be |
| |
6|submitted to the board of education not later than ten (10) days |
| |
7|after the administrator has been notified of the proposed action. |
| |
8| B. Failure of the administrator to request a hearing before the |
| |
9|school district board of education within ten (10) days after |
| |
10|receiving the written statement shall constitute a waiver of the |
| |
11|right to a hearing. No decision of the board of education |
| |
12|concerning the dismissal or nonreemployment of a full-time certified |
| |
13|administrator shall be effective until the administrator has been |
| |
14|afforded due process as specified in this section. The decision of |
| |
15|the school district board of education concerning the dismissal or |
| |
16|nonreemployment, following the hearing, shall be final. |
| |
17| C. Beginning with the 2017-2018 school year and thereafter, a |
| |
18|principal who has received district evaluation ratings of |
| |
19|"ineffective" as measured pursuant to the TLE as set forth in |
| |
20|Section 6-101.16 of this title for two (2) consecutive school years |
| |
21|may be dismissed or not reemployed by the school district, subject |
| |
22|to the due process procedures of this section. |
| |
23| SECTION 9. AMENDATORY 70 O.S. 2021, Section 6-101.22, is |
| |
24|amended to read as follows: |
| |
Req. No. 573 Page 24
___________________________________________________________________________
1| Section 6-101.22. A. Subject to the provisions of the Teacher |
| |
2|Due Process Act of 1990, a career teacher may be dismissed or not |
| |
3|reemployed for: |
| |
4| 1. Willful neglect of duty; |
| |
5| 2. Repeated negligence in performance of duty; |
| |
6| 3. Mental or physical abuse to a child; |
| |
7| 4. Incompetency; |
| |
8| 5. Instructional ineffectiveness; |
| |
9| 6. Unsatisfactory teaching performance; |
| |
10| 7. Commission of an act of moral turpitude; or |
| |
11| 8. Abandonment of contract. |
| |
12| B. Subject to the provisions of the Teacher Due Process Act of |
| |
13|1990, a probationary teacher may be dismissed or not reemployed for |
| |
14|cause. |
| |
15| C. During the 2017-2018 school year and thereafter: |
| |
16| 1. A career teacher who has received a district evaluation |
| |
17|rating of "ineffective" for two (2) consecutive school years shall |
| |
18|be dismissed or not reemployed on the grounds of instructional |
| |
19|ineffectiveness by the school district, subject to the provisions of |
| |
20|the Teacher Due Process Act of 1990. However, the superintendent |
| |
21|may recommend and the school district board of education may approve |
| |
22|continued employment of the teacher; and |
| |
23| 2. A career teacher who has received a district evaluation |
| |
24|rating of "needs improvement" or lower for three (3) consecutive |
| |
Req. No. 573 Page 25
___________________________________________________________________________
1|school years may be dismissed or not reemployed on the grounds of |
| |
2|instructional ineffectiveness by the school district, subject to the |
| |
3|provisions of the Teacher Due Process Act of 1990. |
| |
4| D. During the 2017-2018 school year and thereafter: |
| |
5| 1. A probationary teacher who has received a district |
| |
6|evaluation rating of "ineffective" as measured pursuant to the TLE |
| |
7|for two (2) consecutive school years may be dismissed or not |
| |
8|reemployed by the school district subject to the provisions of the |
| |
9|Teacher Due Process Act of 1990; and |
| |
10| 2. A probationary teacher who has not attained career teacher |
| |
11|status within a four-year period may be dismissed or not reemployed |
| |
12|by the school district, subject to the provisions of the Teacher Due |
| |
13|Process Act of 1990. |
| |
14| E. A teacher shall be dismissed or not reemployed, unless a |
| |
15|presidential or gubernatorial pardon has been issued, if during the |
| |
16|term of employment the teacher is convicted in this state, the |
| |
17|United States, or another state of: |
| |
18| 1. Any sex offense subject to the Sex Offenders Registration |
| |
19|Act in this state or subject to another state's or the federal sex |
| |
20|offender registration provisions; or |
| |
21| 2. Any felony offense. |
| |
22| F. D. A teacher may be dismissed, refused employment, or not |
| |
23|reemployed after a finding that such person has engaged in acts that |
| |
24|could form the basis of criminal charges sufficient to result in the |
| |
Req. No. 573 Page 26
___________________________________________________________________________
1|denial or revocation of a certificate for a reason set forth in |
| |
2|subparagraph a of paragraph 6 of Section 3-104 of this title. |
| |
3| G. E. As used in this section, "abandonment of contract" means |
| |
4|the failure of a teacher to report at the beginning of the contract |
| |
5|term or otherwise perform the duties of a contract of employment |
| |
6|when the teacher has accepted other employment or is performing work |
| |
7|for another employer that prevents the teacher from fulfilling the |
| |
8|obligations of the contract of employment. |
| |
9| H. F. A school district shall notify the State Board of |
| |
10|Education within ten (10) days of the dismissal or nonreemployment |
| |
11|of a probationary or career teacher for reasons outlined in |
| |
12|subsection F D of this section. |
| |
13| SECTION 10. AMENDATORY 70 O.S. 2021, Section 6-101.23, |
| |
14|is amended to read as follows: |
| |
15| Section 6-101.23. A. The dismissal, suspension, and |
| |
16|nonreemployment provisions of the Teacher Due Process Act of 1990 |
| |
17|shall not apply to: |
| |
18| 1. Substitute teachers; |
| |
19| 2. Adult education teachers; and |
| |
20| 3. Teachers who are employed on temporary contracts. |
| |
21| B. The dismissal and suspension provisions of the Teacher Due |
| |
22|Process Act of 1990 shall apply to teachers who are employed on |
| |
23|temporary contracts for a complete school year and to teachers who |
| |
24|are employed in positions fully funded by federal or private |
| |
Req. No. 573 Page 27
___________________________________________________________________________
1|categorical grants, except that such teachers shall be employed only |
| |
2|for the duration of the temporary contract or the grant. |
| |
3| C. The evaluation provisions in Sections 6-101.10 and 6-101.11 |
| |
4|of this title and in the Teacher Due Process Act of 1990 shall apply |
| |
5|to teachers who are employed on temporary contracts for a complete |
| |
6|school year and to teachers who are employed in positions fully |
| |
7|funded by federal or private categorical grants, except that such |
| |
8|teachers shall be employed only for the duration of the temporary |
| |
9|contract or the grant. |
| |
10| D. Teachers other than those specifically excepted in |
| |
11|subsection A of this section who are employed on contracts shall be |
| |
12|afforded all substantive and procedural rights set forth in the |
| |
13|Teacher Due Process Act of 1990 including the dismissal, suspension, |
| |
14|and nonreemployment provisions applicable to probationary or career |
| |
15|teachers as defined in Section 6-101.3 of this title. |
| |
16| E. D. On and after the effective date of this act July 1, 1999, |
| |
17|any teacher who has worked a complete school year under a temporary |
| |
18|contract in a school district shall be granted a year of service |
| |
19|credit toward career status in that district. |
| |
20| F. E. No teacher shall be hired on a temporary contract by a |
| |
21|school district for more than four semesters or on multiple |
| |
22|temporary contracts by a school district that together are for more |
| |
23|than four semesters, except for a: |
| |
24| |
| |
Req. No. 573 Page 28
___________________________________________________________________________
1| 1. Teacher hired to replace a teacher who is on an approved |
| |
2|leave of absence and who is expected to return to employment with |
| |
3|the school district; or |
| |
4| 2. Teacher who is a retired member of the Teachers' Retirement |
| |
5|System of Oklahoma. |
| |
6| G. F. No teacher shall be offered a temporary contract with a |
| |
7|school district without a full written disclosure at the time a |
| |
8|position is offered by the administration of the school district |
| |
9|which sets forth the terms and conditions of the temporary contract. |
| |
10| In the event the school district fails to provide such written |
| |
11|disclosure, the teacher shall be considered as employed on a |
| |
12|continuing contract basis. |
| |
13| H. G. On and after the effective date of this act July 1, 1999, |
| |
14|no teacher who is employed on a continuing contract basis by a |
| |
15|school district shall be reemployed on a temporary contract in that |
| |
16|school district. |
| |
17| SECTION 11. AMENDATORY 70 O.S. 2021, Section 6-101.24, |
| |
18|is amended to read as follows: |
| |
19| Section 6-101.24. A. Upon full implementation of the Oklahoma |
| |
20|Teacher and Leader Effectiveness Evaluation System (TLE) as set |
| |
21|forth in Section 6-101.10 of this title, when a teacher receives a |
| |
22|rating as measured pursuant to the TLE as set forth in Section |
| |
23|6-101.16 of this title that may lead to a recommendation for the |
| |
24|dismissal or nonreemployment of the teacher or when When an |
| |
Req. No. 573 Page 29
___________________________________________________________________________
1|administrator who has the responsibility of evaluating a teacher |
| |
2|under an evaluation policy adopted pursuant to Section 6-101.10 of |
| |
3|this title identifies poor performance or conduct that the |
| |
4|administrator believes may lead to a recommendation for the |
| |
5|dismissal or nonreemployment of the teacher, the administrator |
| |
6|shall: |
| |
7| 1. Admonish the teacher, in writing, and make a reasonable |
| |
8|effort to assist the teacher in correcting the poor performance or |
| |
9|conduct; and |
| |
10| 2. Establish a reasonable time for improvement, not to exceed |
| |
11|two (2) months, taking into consideration the rating on the |
| |
12|evaluation or the nature and gravity of the performance or conduct. |
| |
13| B. If the teacher does not correct the poor performance or |
| |
14|conduct cited in the admonition within the time specified, the |
| |
15|administrator shall may make a recommendation to the superintendent |
| |
16|of the school district for the dismissal or nonreemployment of the |
| |
17|teacher. |
| |
18| C. Whenever a member of the board of education, superintendent, |
| |
19|or other administrator identifies poor performance or conduct that |
| |
20|may lead to a recommendation for dismissal or nonreemployment of a |
| |
21|teacher within the district, the administrator who has |
| |
22|responsibility for evaluation of the teacher under an evaluation |
| |
23|policy adopted pursuant to Section 6-101.10 of this title shall be |
| |
24|informed, and that administrator shall comply with the procedures |
| |
Req. No. 573 Page 30
___________________________________________________________________________
1|set forth in this section. If the administrator fails or refuses to |
| |
2|admonish the teacher within ten (10) days after being so informed by |
| |
3|the board, superintendent, or other administrator, such board, |
| |
4|superintendent, or other administrator shall admonish the teacher |
| |
5|pursuant to the provisions of this section. |
| |
6| D. Repeated negligence in performance of duty, willful neglect |
| |
7|of duty, incompetency, instructional ineffectiveness, or |
| |
8|unsatisfactory teaching performance, for a career teacher, or any |
| |
9|cause related to inadequate teaching performance for a probationary |
| |
10|teacher, shall not be a basis for a recommendation to dismiss or not |
| |
11|reemploy a teacher unless and until the provisions of this section |
| |
12|have been complied with. |
| |
13| SECTION 12. AMENDATORY 70 O.S. 2021, Section 6-190, as |
| |
14|amended by Section 3, Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2022, |
| |
15|Section 6-190), is amended to read as follows: |
| |
16| Section 6-190. A. The board of education of each school |
| |
17|district shall employ and contract in writing, as required in |
| |
18|Section 6-101 of this title, only with persons certified to teach by |
| |
19|the State Board of Education in accordance with the Oklahoma Teacher |
| |
20|Preparation Act, except as otherwise provided for by Section 6-101 |
| |
21|of this title and by other law. |
| |
22| B. The Board shall issue a certificate to teach to any person |
| |
23|who: |
| |
24| |
| |
Req. No. 573 Page 31
___________________________________________________________________________
1| 1. Has successfully completed the teacher education program |
| |
2|required by the Commission for Educational Quality and |
| |
3|Accountability; |
| |
4| 2. Has graduated from an accredited institution of higher |
| |
5|education that has approval or accreditation for teacher education; |
| |
6| 3. Has met all other requirements as may be established by the |
| |
7|Board; |
| |
8| 4. Has made the necessary application and paid the competency |
| |
9|examination fee in an amount and as prescribed by the Commission; |
| |
10| 5. Has successfully completed the competency examination |
| |
11|required in Section 6-187 of this title; and |
| |
12| 6. Beginning November 1, 2001, has on file with the Board a |
| |
13|current Oklahoma criminal history record from the Oklahoma State |
| |
14|Bureau of Investigation as well as a national criminal history |
| |
15|record check as defined in Section 150.9 of Title 74 of the Oklahoma |
| |
16|Statutes. Upon receipt of the Oklahoma criminal history record, the |
| |
17|Board may issue a temporary certificate which shall be effective |
| |
18|until receipt of the national fingerprint-based criminal history |
| |
19|record. The person applying for a certificate shall be responsible |
| |
20|for the cost of the criminal history records. |
| |
21| C. The Board shall issue a certificate to teach to any person |
| |
22|who: |
| |
23| 1. Holds an out-of-state certificate and meets the requirements |
| |
24|set forth in subsection G of this section; |
| |
Req. No. 573 Page 32
___________________________________________________________________________
1| 2. Holds certification from the National Board for Professional |
| |
2|Teaching Standards; |
| |
3| 3. Holds an out-of-country certificate and meets the |
| |
4|requirements set forth in subsection F of this section; or |
| |
5| 4. Has successfully completed a competency examination used in |
| |
6|the majority of other states or comparable customized exam and meets |
| |
7|the requirements set forth in subsection H of this section. |
| |
8| D. Beginning July 1, 2004, any person applying for initial |
| |
9|Oklahoma certification shall have on file with the Board a current |
| |
10|Oklahoma criminal history record from the Oklahoma State Bureau of |
| |
11|Investigation as well as a national criminal history record check as |
| |
12|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
| |
13|receipt of the Oklahoma criminal history record, the Board may issue |
| |
14|a temporary certificate which shall be effective until receipt of |
| |
15|the national fingerprint-based criminal history record. The person |
| |
16|applying for a certificate shall be responsible for the cost of the |
| |
17|criminal history records. |
| |
18| E. Any person holding a valid certificate, issued prior to |
| |
19|January 1, 1997, shall be a certified teacher for purposes of the |
| |
20|Oklahoma Teacher Preparation Act, subject to any professional |
| |
21|development requirements prescribed by the Oklahoma Teacher |
| |
22|Preparation Act or by the State Board of Education. |
| |
23| F. 1. The Board shall issue a certificate to teach to a person |
| |
24|who holds a valid out-of-country certificate and meets any |
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Req. No. 573 Page 33
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1|requirements established by the Board. The certificate to teach |
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2|shall only be for those subject areas and grade levels most closely |
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3|aligned to the subject areas and grade levels recognized on the |
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4|out-of-country certificate. |
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5| 2. A person who meets the requirements of paragraph 1 of this |
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6|subsection shall not be required to take any competency examinations |
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7|in those subject areas and grade levels most closely aligned to the |
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8|subject areas and grade levels recognized on the out-of-country |
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9|certificate. |
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10| 3. A person who meets the requirements of paragraph 1 of this |
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11|subsection shall have on file with the Board a current Oklahoma |
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12|criminal history record check from the Oklahoma State Bureau of |
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13|Investigation as well as a national criminal history record check as |
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14|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
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15|receipt of the Oklahoma criminal history record check, the Board may |
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16|issue a temporary certificate which shall be effective until receipt |
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17|of the national fingerprint-based criminal history record check. |
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18|The person applying for a certificate shall be responsible for the |
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19|cost of the criminal history record checks. |
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20| 4. The Board shall promulgate rules establishing a process by |
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21|which out-of-country certificates will be reviewed and evaluated for |
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22|purposes of awarding a certificate to teach pursuant to this |
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23|subsection. |
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24| |
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1| G. 1. The Board shall issue a certificate to teach to a person |
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2|who holds a valid out-of-state certificate. The certificate to |
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3|teach shall only be for those subject areas and grade levels most |
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4|closely aligned to the subject areas and grade levels recognized on |
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5|the out-of-state certificate. |
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6| 2. A person who meets the requirements of paragraph 1 of this |
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7|subsection shall not be required to take any competency examinations |
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8|in those subject areas and grade levels most closely aligned to the |
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9|subject areas and grade levels recognized on the out-of-state |
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10|certificate. |
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11| 3. A person who meets the requirements of this subsection shall |
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12|have on file with the Board a current Oklahoma criminal history |
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13|record check from the Oklahoma State Bureau of Investigation as well |
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14|as a national criminal history record check as defined in Section |
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15|150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the |
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16|Oklahoma criminal history record check, the Board may issue a |
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17|temporary certificate which shall be effective until receipt of the |
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18|national fingerprint-based criminal history record check. The |
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19|person applying for a certificate shall be responsible for the cost |
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20|of the criminal history record checks. |
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21| H. 1. The Board shall issue a certificate to teach to a person |
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22|who has successfully completed a competency exam used in a majority |
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23|of the other states. The certificate to teach shall only be for |
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24| |
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Req. No. 573 Page 35
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1|those subject areas and grade levels that correspond with a |
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2|certification area used in Oklahoma. |
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3| 2. A person who meets the requirements of paragraph 1 of this |
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4|subsection shall have on file with the Board a current Oklahoma |
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5|criminal history record check from the Oklahoma State Bureau of |
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6|Investigation as well as a national criminal history record check as |
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7|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
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8|receipt of the Oklahoma criminal history record check, the Board may |
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9|issue a temporary certificate which shall be effective until receipt |
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10|of the national fingerprint-based criminal history record check. |
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11|The person applying for a certificate shall be responsible for the |
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12|cost of the criminal history record checks. |
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13| I. 1. The Board may establish new levels of teacher |
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14|certificates: advanced, lead, and master. Each level shall have a |
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15|minimum salary increase requirement paid by the school district and |
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16|matched with state dollars from the lottery funds as provided in |
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17|Section 713 of Title 3A of the Oklahoma Statutes. The advanced |
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18|certificate shall include a minimum salary increase of Three |
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19|Thousand Dollars ($3,000.00), the lead certificate shall include a |
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20|minimum salary increase of Five Thousand Dollars ($5,000.00), and |
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21|the master certificate shall include a minimum salary increase of |
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22|Ten Thousand Dollars ($10,000.00) and maximum salary increase of |
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23|Forty Thousand Dollars ($40,000.00). |
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24| |
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1| 2. A teacher who works in a school with an enrollment of forty |
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2|percent (40%) or more of students who are economically disadvantaged |
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3|as defined in Section 18-109.5 of this title or a school district |
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4|with an enrollment of fewer than one thousand students shall be paid |
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5|a one-time award in addition to the salary increases provided in |
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6|paragraph 1 of this subsection: |
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7| a. One Thousand Five Hundred Dollars ($1,500.00) for an |
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8| advanced certificate, |
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9| b. Two Thousand Five Hundred Dollars ($2,500.00) for a |
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10| lead certificate, and |
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11| c. Five Thousand Dollars ($5,000.00) for a master |
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12| certificate. |
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13| 3. School districts may identify and designate the highest |
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14|quality teachers for advanced, lead, and master certificates. |
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15|Participating districts shall submit designation plans to the State |
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16|Department of Education for evaluation and approval. Districts |
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17|shall have local control and flexibility in determining how to |
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18|evaluate teachers and assign designations, but, at a minimum, the |
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19|designation system shall include a teacher observation, |
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20|out-of-classroom time, and a student performance component.: |
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21| a. Teacher an evidence-based observation shall be based |
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22| on the district's selected Teacher and Leader |
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23| Effectiveness Evaluation System (TLE) evaluation tool |
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24| or an alternate method of evaluation; provided, the |
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Req. No. 573 Page 37
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1| method is evidenced-based. Alternate methods of |
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2| evaluation shall not replace the requirements of |
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3| Section 6-101.16 of this title., |
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4| b. Each school district that elects to participate in |
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5| assigning advanced, lead, and master teacher |
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6| certificates shall include an out-of-classroom |
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7| component for its assigned teachers to allow for |
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8| professional growth opportunities while staying in the |
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9| classroom. How out-of-classroom time is allotted and |
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10| managed shall be determined by the school district and |
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11| submitted as part of its designation plan to the State |
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12| Department of Education for review and approval., and |
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13| c. Student student performance measures may be |
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14| determined by the district and which may include, but |
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15| shall not be limited to, pre- and post-tests, |
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16| summative or formative, and portfolios. The school |
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17| district application shall show evidence of validity |
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18| and reliability of the measures. |
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19| Districts may use additional factors in determining which |
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20|teachers are eligible to receive a designation, such as student |
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21|surveys, teacher leadership responsibilities, teacher mentorship |
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22|responsibilities, family surveys, demonstration of district core |
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23|values, teacher peer surveys, and contributions to the broader |
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24|school community. No more than ten percent (10%) of each school |
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Req. No. 573 Page 38
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1|district's teachers may be designated as an advanced, lead, or |
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2|master teacher in any given school year. |
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3| 4. If a school district chooses to participate in this program, |
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4|the state shall match the amount the district pays above base pay, |
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5|up to Forty Thousand Dollars ($40,000.00) per teacher. |
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6| 5. School districts that designate teachers for advanced, lead, |
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7|and master certificates do not have to participate in annual TLE |
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8|evaluations for the designated teachers. |
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9| 6. School districts may designate teachers for advanced, lead, |
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10|or master certificates two times per year, once prior to the |
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11|beginning of the school year, and once prior to the beginning of the |
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12|second semester. Teachers statewide who receive these designations |
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13|shall be placed in professional development cohorts and provided |
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14|additional training opportunities from the State Department of |
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15|Education. |
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16| 7. 6. After initial approval by the State Department of |
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17|Education, the Department shall review and validate each |
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18|participating school district's teacher evaluation system |
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19|designation plan biennially. |
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20| 8. 7. The State Department of Education shall annually report |
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21|the school districts participating in the program, the number of |
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22|advanced, lead, and master certificates awarded, and the total |
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23|amount in state match funding that was distributed to teachers. |
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24| |
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Req. No. 573 Page 39
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1| J. The State Board of Education shall adopt rules to implement |
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2|a renewal schedule and associated fees for advanced, lead, and |
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3|master teaching certificates. The rules shall allow a teacher that |
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4|no longer meets the requirements of an advanced, lead, or master |
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5|teaching certificate to make application for the standard teaching |
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6|certificate. |
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7| K. The terms of the contracts issued to those holding advanced, |
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8|lead, and master teaching certificates shall include the following: |
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9| 1. Advanced: an additional five (5) days to be used to |
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10|strengthen instructional leadership. A person with an advanced |
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11|teaching certificate shall receive an annual salary increase of at |
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12|least Three Thousand Dollars ($3,000.00) or the district's daily |
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13|rate of pay, whichever is higher, in addition to the salary for |
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14|which the teacher qualifies pursuant to Section 18-114.14 of this |
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15|title. This increase shall be matched by state dollars from the |
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16|lottery funds as provided in Section 713 of Title 3A of the Oklahoma |
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17|Statutes and shall be paid as regular annual compensation directly |
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18|to teachers through school districts; |
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19| 2. Lead: an additional ten (10) days to be used to strengthen |
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20|instructional leadership. A person with a lead teaching certificate |
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21|shall receive an annual salary increase of at least Five Thousand |
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22|Dollars ($5,000.00) or the district's daily rate of pay, whichever |
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23|is higher, in addition to the salary for which the teacher qualifies |
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24|pursuant to Section 18-114.14 of this title. This increase shall be |
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Req. No. 573 Page 40
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1|matched by state dollars from the lottery funds as provided in |
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2|Section 713 of Title 3A of the Oklahoma Statutes and shall be paid |
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3|as regular annual compensation directly to teachers through school |
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4|districts; and |
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5| 3. Master: an additional fifteen (15) days to be used to |
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6|strengthen leadership. A person with a master teaching certificate |
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7|shall receive an annual salary increase of at least Ten Thousand |
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8|Dollars ($10,000.00) or the district's daily rate of pay, whichever |
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9|is higher, in addition to the salary for which the teacher qualifies |
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10|pursuant to Section 18-114.14 of this title. This increase, up to |
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11|Forty Thousand Dollars ($40,000.00), shall be matched by state |
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12|dollars from the lottery funds as provided in Section 713 of Title |
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13|3A of the Oklahoma Statutes and shall be paid as regular annual |
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14|compensation directly to teachers through school districts. |
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15| If a person with an advanced, lead, or master teaching |
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16|certificate changes school districts during the life of the |
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17|certificate, the terms of the contracts required in this subsection |
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18|shall be subject to approval by the new employing school district. |
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19| L. Beginning in the 2022-2023 school year, the Department shall |
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20|make the teaching certificates provided for in this section |
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21|available for any person who has received a recommendation from his |
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22|or her school district and who meets the eligibility criteria as |
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23|outlined in each school district's teacher evaluation system |
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24|designation plan provided for in subsection I of this section. |
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Req. No. 573 Page 41
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1| M. The funding necessary for the administration of this section |
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2|shall be provided from the Teacher Empowerment Revolving Fund |
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3|created in Section 2 6-190.2 of this act title. If funding for the |
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4|administration of the teaching certificates listed in subsection I |
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5|is not available, the Department shall not be required to fulfill |
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6|the requirements listed in subsections I, K, and L of this section. |
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7| N. The State Board of Education shall promulgate rules to |
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8|implement the provisions of Section 6-180 et seq. of this title. |
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9| SECTION 13. REPEALER 70 O.S. 2021, Sections 6-101.16 and |
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10|6-101.31, are hereby repealed. |
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11| SECTION 14. This act shall become effective July 1, 2023. |
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12| SECTION 15. It being immediately necessary for the preservation |
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13|of the public peace, health, or safety, an emergency is hereby |
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14|declared to exist, by reason whereof this act shall take effect and |
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15|be in full force from and after its passage and approval. |
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16| |
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17| 59-1-573 EB 1/17/2023 7:05:10 PM |
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18| |
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19| |
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20| |
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21| |
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22| |
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23| |
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24| |
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Req. No. 573 Page 42
