HB4107 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 58th Legislature (202 2) HOUSE BILL 4107 By: Vancuren, Hardin (David), Walke, Luttrell, Rosecrants, Fugate, Boles and Roberts (Dustin) of the House and Rogers of the Senate AS INTRODUCED An Act relating to teachers; amending 70 O.S. 2021, Section 6-190, which relates to tea cher certification; directing State Board of Edu cation to issue teaching certifi cate for teacher certified by a federally recognized tribal nation; limiting teaching certificate to use in certain schools; exempting teacher from additional competency examin ations; requiring certain criminal history recor d checks; providing for issuance of temporary certif icate; specifying applicant will pay for criminal history record checks; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -190, is amended to read as follows: Section 6-190. A. The board of education of each school district shall employ and contract in writing, as required in HB4107 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 6-101 of this title, only with persons certified to teach by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except a s otherwise provided for by Section 6 -101 of this title and by other law. B. The Board shall issue a cer tificate to teach to any person who: 1. Has successfully completed th e teacher education program required by the Commission for Educational Quality an d Accountability; 2. Has graduated from an accredited institution of higher education that has approval or accreditation for teacher education; 3. Has met all other requirem ents as may be established by the Board; 4. Has made the necessary application a nd paid the competency examination fee in an amount and as prescribed by the Commission; 5. Has successfully completed the competency examination required in Section 6-187 of this title; and 6. Beginning November 1, 2001, has on file with the Board a current Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a nation al criminal history record check as defined in S ection 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history recor d, the Board may issue a temporary certificate which shall be effective until receipt of the national fin gerprint-based criminal history HB4107 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 record. The person applying for a cer tificate shall be responsible for the cost of the criminal history records. C. The Board shall issue a certificate to teach to any person who: 1. Holds an out-of-state certificate and meets the requirements set forth in subsection G of this section; 2. Holds certification from the National Board for Professional Teaching Standards; 3. Holds an out-of-country certificate and meets the requirements set forth in subsection F of this sect ion; or 4. Holds a certificate from a federally recognized tribal nation and meets the requirements set forth in subsection H of thi s section; or 5. Has successfully completed a competency examination used i n the majority of other states or comparable c ustomized exam and meets the requirements set for th in subsection H I of this section. D. Beginning July 1, 2004, any person applying for initial Oklahoma certification shall have on file with the Board a curren t Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statu tes. Upon receipt of the Oklahoma criminal history record, the Board may issue a temporary certificate which shall be effective until receipt of the national fingerprint-based criminal history record. The person HB4107 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 applying for a certificate shall be respon sible for the cost of the criminal history records. E. Any person holding a valid certificate, issued p rior to January 1, 1997, shall be a certified tea cher for purposes of the Oklahoma Teacher Preparation Act, subject to any professional development requirements prescribed by the Oklahoma Teacher Preparation Act or by the State Board of Education. F. 1. The Board shall issue a certificate to teach to a person who holds a valid out -of-country certificate and meets any requirements established by the Boar d. The certificate to teach shall only be for those subject areas and grade levels most closely aligned to the subject areas and grade levels recognized on the out- of-country certificate. 2. A person who meets the requirements of paragraph 1 of this subsection shall not be required to take any competency examinat ions in those subject areas and grade levels most closely aligned to the subject areas and gr ade levels recognized on the out -of-country certificate. 3. A person who meets the requirements of par agraph 1 of this subsection shall have on file with the Boar d a current Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of th e Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record check, the Board may HB4107 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 issue a temporary certificate which shall be effective un til receipt of the national fingerprint -based criminal history record check. The person applying for a certificate shall be responsible for the cost of the criminal history record checks. 4. The Board shall promulgate rules establishing a process by which out-of-country certificates will be reviewed and evaluated for purposes of awarding a certificate to teach pursuant to this subsection. G. 1. The Board shall i ssue a certificate to teach to a person who holds a valid out-of-state certificate. The cert ificate to teach shall only be for those subject areas and grade levels most closely aligned to the sub ject areas and grade levels recognized on the out-of-state certificate. 2. A person who meets the requi rements of paragraph 1 of this subsection shall not be required to take any competency examinations in those subject areas and grade levels most closely aligned to the subject areas and grade levels recognized on the out-of-state certificate. 3. A person who meets the requirements of this subsection sha ll have on file with the Board a current Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal hist ory record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon rece ipt of the Oklahoma criminal history record check, the Board may issue a HB4107 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 temporary certificate which sh all be effective until receipt of the national fingerprint -based criminal history record check. The person applying for a certificate shall be responsib le for the cost of the criminal history record checks. H. 1. The Board shall issue a certificate to teach to a person who holds a certificate from a federally recognized tribal nation. The certificate to teach shall only be for a school that is operated by the certificate-granting tribal nation within its reservation or treaty area boundaries. 2. A person who meets the requirements of paragraph 1 of this subsection shall not be required to take any compet ency examinations other than those required by th e certificate-granting tribal nation. 3. A person who meets t he requirements of this subsection shall have on file with the Board a current Oklahoma criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record check, the Board may issue a temporary certificate which sh all be effective until receipt of the national fingerprin t-based criminal history record check. The per son applying for a certificate shall be responsible for the cost of the criminal history record checks. I. 1. The Board shall issue a certificate to t each to a person who has successfully completed a competency exam used in a majority of the other states. The certificate to teach shall only be for HB4107 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 those subject areas and grade levels that correspond with a certification area used in Oklahoma. 2. A person who meets the requirements of paragraph 1 of this subsection shall have on file with the Board a cur rent Oklahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal history record check as defined in Section 150.9 of Title 74 of the Oklahoma Statutes. U pon receipt of the Oklahoma criminal history record check, the Board may issue a temporary ce rtificate which shall be effective until receipt of the national fingerprint -based criminal history rec ord check. The person applying for a certificate shall be r esponsible for the cost of the criminal hist ory record checks. I. J. The Board shall issue a lead teaching certificate to any person who upon application: 1. Has successfully completed the requi rements of this subsection; 2. Has a minimum of five (5) years of experience as a teacher; 3. Participates in a meaningful individualized program of professional development, as provided for in Section 6 -101.10 of this title; 4. Has earned a "highly effective" or "superior" rating pursuant to Section 6 -101.16 of this title; and HB4107 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. May have a teaching loa d of not more than seventy -five percent (75%) student instruction to allow the teacher to mentor other teachers. J. K. 1. The Board shall issue a mast er teaching certificate to any person who upon application: a. has successfully completed the requiremen ts of this subsection, b. has a minimum of seven (7) years of experience as a teacher, and c. (1) has earned a "superior" rating pursuant to Section 6-101.16 of this title, or (2) has earned a "highly effective" rating pursuant to Section 6-101.16 of this title and holds or has held a National Board cert ification from the National Board for Professional Teaching Standards. 2. Teachers with a master teach ing certificate may assume leadership roles that include but are n ot limited to: a. the planning and del ivery of professional development activities designed to improve instructional strategies, b. the facilitation of an instructional leadership team within the building or school district in which the lead teacher is assigned, and HB4107 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. the mentoring of other t eachers and participation in evaluations of other teachers. 3. Teachers with a master teaching certificate may have a teaching load of not more than fi fty percent (50%) student instruction to allow the lead teacher to spend time on: a. co-teaching, b. co-planning, c. peer reviews, and d. other duties mutually agreed upon by the superintendent and the master teacher, and may be used to satisfy the qualita tive evaluation component for teachers as required by Section 6 -101.16 of this title by performing the duties set forth in this paragraph. K. L. The State Board of Education shall adopt rules to implement a renewal schedule and associated fees for lead an d master teaching certificates. The rules shall allow a teacher that no longer meets the requirements o f a lead or master teaching certificate to make a pplication for the standard teaching certificate. L. M. The terms of the contracts issued to those hol ding lead and master teaching certificates shall include the following: 1. Lead: an additional ten (10 ) days to be used to strengthen instructional leadership. A person with a lead teaching certificate shall receive an annual salary supplement of at lea st Three Thousand HB4107 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dollars ($3,000.00) or the district 's daily rate of pay, whichever is higher, in addition to the salary for which the teacher qualifies pursuant to Section 18 -114.14 of this title; and 2. Master: an additional fifteen (15) days to be us ed to strengthen leadership. A person with a master teaching certificat e shall receive an annual salary supplement of at least Five Thousand Dollars ($5,000.00) or the district 's daily rate of pay, whichever is higher, in addition to the salary for which the teacher qualifies pursuant to Section 18 -114.14 of this title. If a person with a lead or master tea ching certificate changes school districts during the life of the certificate, the terms of the contracts required in this subsection shall be subject t o approval by the new employing school district. M. N. 1. Any person who is eligible for a lead or mas ter teaching certificate described in this sectio n shall make application for the following school year with the State Board of Education. The applicat ion shall include a recommendation from the local board of education and de termination that the applican t has met the statutory criteria. In reviewing a n application, the local school board of education and the superintendent shall consider the ability of the school district to fulfill the additional requirements described in su bsections I and J and K of this section before making a recommendation to the State Board of Education. HB4107 HFLR Page 11 BOLD FACE denotes Committee Amendments. 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. The State Department of Education shall develop an application to impleme nt the provisions of this subsection and make it available to school districts. N. O. Beginning in the 2021-2022 school year, the Department shall make the teaching certificates provided for in this section available for any person who has received a reco mmendation from their local board of education and who meets the eligibility criteria. O. P. For the 2019-2020 and 2020-2021 school years, the Department shall identify school districts to implement the teaching certificates provided for in this section o n a pilot program basis with the assistance of public -private partnerships, funding fro m philanthropic organizations or federal grants. P. Q. The Department shall seek funding necessary for the administration of this section. If funding for the administr ation of the teaching certificates listed in subsections I and J and K is not available, the Dep artment shall not be required to fulfill the requirements listed in subsections L, M, N and, O, and P of this section. Q. R. The State Board of Education shall promulgate rules to implement the provisions of this act. SECTION 2. This act shall become effective November 1, 2022. COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2022 - DO PASS, As Coauthored.