Req. No. 8628 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (202 2) HOUSE BILL 3506 By: Provenzano AS INTRODUCED An Act relating to teachers; amending 70 O.S. 2021, Section 6-101.10, which relates to teacher evalu ation and professional development; providing exemption from Professional Learning Focus for teacher who exceeds certain amount of professional development ; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, S ection 6-101.10, is amended to read as follows: Section 6-101.10 A. Each school district board of education shall maintain and annually review, following cons ultation with or involvement of representatives s elected by local teachers, a written policy of evaluation and corresponding professional development for all teachers and administrators. In those school districts in which there exists a professional negot iations agreement made in accordance with Section 509.1 et seq. of this title, the procedure for evaluating members of the negotiations unit and any standards of performance and conduct proposed for adoption beyond those Req. No. 8628 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 established by the State Board of E ducation shall be negotiable items. Nothing in t his section shall be construed to annul, modify or to preclude the renewal or continuing of any existing agreement heretofore entered into between any school district and any organizational representative of its employees. Every policy of evaluation adopted by a board of education shall: 1. Be based upon a set of minimum criteria developed by the State Board of Education, which shall be revised and based upon the Oklahoma Teacher and Leader Effectiveness Ev aluation System (TLE) developed by the State Boar d of Education as provided in Section 6 - 101.16 of this title. The revisions to each policy of evaluation shall be phased in according to the following schedule: a. for the 2014-2015, 2015-2016 and 2016-2017 school years, the evaluation rating of teachers and administrators shall be based on the qualit ative component of the TLE. For the 2016 -2017 school year, the State Department of Education shall work with school districts to develop individualized program s of professional development as described in sub section B of this section. However, nothing in this subparagraph shall preclude a school district with an average daily attendance of more than thirty -five thousand (35,000) from continuing to use quantitat ive components which the district has incorporate d at its Req. No. 8628 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 own expense prior to the 2015 -2016 school year into its evaluation system of teachers and administrators, as defined by the district 's written policy, b. for evaluations of teachers and administrato rs conducted during the 2017 -2018 school year, an d each school year thereafter, school districts shall incorporate and put into operation the qualitative component of the TLE as provided for in subsection B of Section 6-101.16 of this title into the evalua tions used in all school sites within the distric t. For the 2017-2018 school year, and each sch ool year thereafter, teachers and administrators shall receive a district evaluation rating based on the components of the TLE as set forth in subsection B of S ection 6- 101.16 of this title. For the 2017 -2018 school year, school districts shall incorporat e the individualized programs of professional development as described in subsection B of this section on a pilot program basis, and c. for evaluations of teach ers and administrators conducted during the 2018 -2019 school year, and each school year thereaft er, school districts shall fully incorporate and put into operation the individualized Req. No. 8628 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 programs of professional development as described in subsection B of this section; 2. Be prescribed in writing at the tim e of adoption and at all times when amendments to the policy are adopted. The original policy and all amendments to the policy shall be promptly made available to all persons subject to the policy; 3. Provide that all evaluations be made in writing and t hat evaluation documents and responses thereto be maintained in a personnel file for each evaluated person; 4. Provide that every probationary teacher receive formative feedback from the evaluation process at least two times per school year, once during the fall semester and once during the spring semester; 5. Provide that every teacher be evaluated once every year, except for career teachers receiving a district evaluation rating of "superior" or "highly effective" under the TLE who may be evaluated once every three (3) years; and 6. Provide that, except for superintendents of independent and elementary school districts and superintendents of area school districts who shall be evaluated by the school distr ict board of education, all certified personnel s hall be evaluated by a principal, assistant pri ncipal, designee of the principal, supervisor, content expert, department chair, peer committee or Req. No. 8628 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 other trained persons or groups of persons designated by the school district board of education. B. 1. Every policy of professional development adopted by a school district board of education shall provide for the development of a focused and individualized program of professional development for the teacher or ad ministrator that is consistent with the qualitative component of the TLE. The policy of profess ional development shall: a. establish an annual professional growth goal for the teacher or administrator that is developed by the teacher or administrator in c ollaboration with the evaluator, b. be tailored to address a specific area or criteria identified through the qualitative component of the TLE, c. allow the teacher or administrator to actively engage with learning practices that are evidence -based, researched practices that are correlated with increased student achievement, and d. be supported by resources that are easily available and supplied by the school district and the State Department of Education. 2. School districts shall monitor compliance with each individualized program of professional devel opment implemented Req. No. 8628 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pursuant to this subsection. All professional development completed pursuant to an individualized program of professional development shall count toward the total number of points a teach er or administrator is required to complete as es tablished by a school district board of educati on pursuant to Section 6 -194 of this title. The implementation of the individualized program of professional development required by this subsection shall not be construed as increasing the professional devel opment points requirements. 3. Individualized programs of professional development required by this subsection may include but are not limited to the following learning practices: a. presenter-led workshops, b. individual or faculty studies of books, scho larly articles and video productions, c. peer observations, d. committee studies to address student achievement issues, e. work related to a specific subject area or areas associated with obtaining an advanc ed degree or professional certification, f. action research projects designed to improve student achievement, and Req. No. 8628 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 g. participation in local, regional or state initiatives associated with the development or implementation of curriculum standards. 4. If the total amount of required federal, state, and local school district professional develop ment for a teacher exceeds twenty-four (24) hours in a single school year , the teacher shall be exempt from completing the Professional Learning Focus requirement for the school year. C. All individuals designated by the school district board of education to conduct th e personnel evaluations shall be required to participate in training conducted by the State Department of Education or training provided by the school district using guidelines and materials developed by the State Department of Education prior to conductin g evaluations. D. The State Department of Education shall develop and conduct workshops pursuant to statewide criteria which train individuals in conducting evaluations. E. The State Board of Education shall monitor compliance with the provisions of this section by school districts. F. The State Board of Education shall study continued implementation of the TLE to produce a system that promotes reflection and professional growth for teachers and leader s. Req. No. 8628 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. Refusal by a school district to comply with th e provisions of this section shall be grounds for withholding State Aid funds until compliance occurs. H. Data collected pursuant to this section shall not be subject to the Oklahoma Open Meeting Act or the Oklahoma Open Records Act. SECTION 2. This act shall become effective November 1, 2022. 58-2-8628 EK 01/10/22