Req. No. 9959 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 3908 By: Pfeiffer AS INTRODUCED An Act relating to teachers; amending 70 O.S. 2021, Section 6-187, which relates to teacher certification; authorizing State Board of E ducation to annually renew emergency or provisional certificates of certain individuals; and providing an effective date. BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOM A: SECTION 1. AMENDATORY 70 O.S. 2021, Secti on 6-187, is amended to read as follows: Section 6-187. A. Prior to July 1, 2014, a competency examination shall be adopted by the Oklahoma Commission for T eacher Preparation and begin ning July 1, 2014, a competency examination shall be adopted by the Co mmission for Educational Quality and Accountability for t he general education, professional education and various subject areas and grade levels for purposes of ensuring academic achievement and competency of each teacher candidate or teacher in the subjec t area the person is seeking certification to Req. No. 9959 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 teach which shall also include certification as an administrator, as prescribed by the State Board of Education. The Commission, consistent with the purposes of this section, shall promulgate rules and procedur es to guarantee the confidentiality of examinat ions. B. No teacher candidate shall be eligible for certification until successfully completing the competency examination except those candidates who make application to the State Board and meet the criteria for the alternative placement program pursuant to Section 6-122.3 of this title. Certification shall be limited to areas of approval in which the certified teacher has successfully completed the examination. Subject to the provisions of subsection C of this section, testing for certification for sub jects in which a teacher candidate or teacher is seeking a minor teaching assignment or an endorsement to teach shall be limited to the spe cific subject area test. A teacher candidate or teacher may take the g eneral education, professional education or sub ject area portions of the examination subject to any limit imposed by the Commission. C. 1. Except as otherwi se provided for in this subs ection, a teacher may be certified in as many areas as the teacher mee ts the necessary requirements provided by law a nd has successfully completed the subject area portion of the examination. Req. No. 9959 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 2. Except as otherwise provided for in this paragraph, certification in early childhood, elementary, or special education shall require completion of an appropriate teacher educati on program approved by the Commission. Any teacher who is certified to teach elementary education may be certified in early childhood educa tion upon meeting the requirements provided in law and successful comp letion of the appropriate subject area portion of the examination. Any teacher who is certified to teach early childhood education may be certified in elementary education upon meeting the requirements provided in law and successful completion of the appr opriate subject area portion of the examination . Any special education teacher who becomes certified to teach through completion of an accredited teacher preparation program may be cert ified in early childhood or elementary education upon meeting the requ irements provided in law and successful complet ion of the appropriate subject portion of the examination. Any teacher who becomes certified to teach through completion of an accredited teacher preparation program or becomes alternatively certified to teac h through the Troops to Teachers program may be certified in special education upon meeting the requirements provided in law and successful completion of the appropriate subject area por tion of the examination. Any special education teacher who has not co mpleted a Commission -approved teacher education program in elementary education or early childhood Req. No. 9959 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 education but who has successfully completed the subject ar ea portion of the examinatio n may be certified in elementary education or early childhood educatio n for the purpose of providing direct instruction and serving as the teacher of record for grading purposes in special education settings only. D. The Commission shall offer the compete ncy examination at least four times per calendar year on dates to be e stablished by the Commission. E. If a teacher candidate or teacher is a non -native-English speaker, the Commission shall offer the subject area competency examination in the native lang uage of the teacher candidate or teacher only if the teacher candidate or teacher is employed or has been offered employment by a school district as a teacher in a foreign language immersion program offered by the school distric t. If a non-native-English speaker who has received certification in a subject area after taking the subject area competency examination in the native language of the speaker seeks to add a certification area in the future and that person is no longer emp loyed as a teacher in a foreign language immersion program, the examination for the additional certification area shall be taken in English. The State Board of Education shall issue a restricted license or certificate to any teacher who has completed a su bject area competency examination in the native language of the teacher as provided for in Req. No. 9959 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 this subsection restricting the teacher to teaching on ly in a foreign language immersion program. F. The State Board of Education, in consultation with the Commission for Educational Quality a nd Accountability, may grant an exception to the requirement to comple te a subject area examination for initial certification in a field which does not require an advanced degree if the candidate has an advanced degree in a subj ect that is substantially co mparable to the content assessed on a subject area examination. The a dvanced degree shall be from an institution accredited by a national or regional accrediting agency which is recognized by the Secretary of the United States Department of Education. The Commission shall provide the Board with the necessary information to determine comparability. G. 1. Nothing in the Oklahoma Teacher Preparation Act shall restrict the right of the State Board of Education to issue an emergency or provisional certificat e, as needed. Provided, however, prior to the issuance of an emergenc y certificate, the distric t shall document substantial efforts to employ a teacher who holds a provisional or standard certificate. In the event a district i s unable to hire an individu al meeting this criteria, the district shall document efforts to emplo y an individual with a pro visional or standard certificate in another curricular area with academic preparation in the field of need. Only after these altern atives have been exhausted shall the district be allowed to employ an Req. No. 9959 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 individual meeting minimum s tandards as established by the State Board of Education for the issuance of emergency certificates. 2. The State Board of Education may renew the emergency o r provisional certificate of an individual who has been employed by a school district board of edu cation for at least two (2) years if the following criteria are met: a. the individual has been granted an emergency or provisional certificate pursuant to pa ragraph 1 of this subsection for two (2) years, b. the individual has not successfully completed t he competency examinations required by this section, c. the individual submits a portfolio of his or her work to the State Board of Education, which shall inc lude evidence of progress to ward standard certification, d. the employing school district board of education agrees to renew the individual 's contract to teach for the ensuing fiscal year, and e. the superintendent of the employing school district submits to the State Board of Educat ion the reason the emergency or provisional certificate should be rene wed and provides evidence of the district 's inability to hire a teacher who holds a standard certificate. 3. The State Board of Education may annually renew the emergency or provisional certificate of an individual who has been Req. No. 9959 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 employed by a school distri ct board of education for two (2) two- year periods as provided in paragraph 2 of this subsection, if the individual meets the criteria provided in paragraph 2 of t his subsection and the individual has not successfully completed the competency examinations required by this section . 4. Individuals employed by a school district under an emergency or provisional certificate shall not be considered career teachers and therefore not entitled t o the protections of the Teacher Due Process Act of 1990. SECTION 2. This act shall become effective November 1, 2022. 58-2-9959 EK 01/10/22