SENATE FLOOR VERSION - HB4107 SFLR 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 SENATE FLOOR VERSION April 12, 2022 ENGROSSED HOUSE BILL NO. 4107 By: Vancuren, Hardin (David), Walke, Luttrell, Rosecrants, Fugate, Boles, Roberts (Dustin), Talley, Phillips, Randleman, and Culver of the House and Rogers, Hicks, Dossett (J.J.), Boren, and Paxton of the Senate 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 Section 6-101 of this title, only with persons certified to teach by the State Board of Education in accordance with the Oklahoma Teach er SENATE FLOOR VERSION - HB4107 SFLR 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 Preparation Act, except as 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 Commissio n for Educational Quality and 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 and 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 fr om 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 Okl ahoma criminal history record, the Board may issue a temporary certi ficate which shall be effective until receipt of the national fin gerprint-based criminal history record. The person applying for a cer tificate shall be responsible for the cost of the cri minal history records. SENATE FLOOR VERSION - HB4107 SFLR 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 C. The Board shall issue a certificate to te ach 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 Profe ssional 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 subsectio n H of this section; or 5. Has successfully completed a competency examination used in 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 perso n applying for initial Oklahoma certification shall have on file wit h 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 Ti tle 74 of the Oklahoma Statutes. Upon receipt of the Oklahoma crimi nal 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 applying for a certificate shall be responsible for the cost of the criminal history records. SENATE FLOOR VERSION - HB4107 SFLR 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 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 p rofessional development requirements prescribed by the Oklahoma Teac her 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 Board. 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 examinations 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 paragraph 1 of this subsection shall have o n 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 the Oklahoma Statutes. Upon receipt of the Oklahoma criminal history record check, the Board may issue a temporary certificate which shall be effective un til receipt of the national fingerprint -based criminal history record check . SENATE FLOOR VERSION - HB4107 SFLR 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 The person applying for a certificate shall be responsible for th e 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 mos t closely aligned to the subject areas and grade levels recognized o n 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 a nd 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 temporary certificate which shall be effective until receipt of the national fingerprint-based criminal history record check. The SENATE FLOOR VERSION - HB4107 SFLR 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 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 paragra ph 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 Ok lahoma 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 te mporary certificate which shall be effective until receipt of the na tional fingerprint-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 teach to a person who has successfully co mpleted a competency exam used in a majority of the other states. The certificate to teach shall only be for those subject areas and grade levels that correspond with a certification area used in Oklahoma. SENATE FLOOR VERSION - HB4107 SFLR 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 2. A person who meets the requirements of paragr aph 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 h istory record check as defined in Section 150.9 of Title 74 of the O klahoma 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 fingerprin t-based criminal history record check. The person applying for a ce rtificate 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 requirements 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 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. SENATE FLOOR VERSION - HB4107 SFLR 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 J. K. 1. The Board shall issue a master 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 teaching 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 instruc tional leadership team within the building or school district in whi ch the lead teacher is assigned, and c. the mentoring of other t eachers and participation in evaluations of other teachers. SENATE FLOOR VERSION - HB4107 SFLR 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 3. Teachers with a master teaching certificate may have a teaching load of not more than fifty 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 qualitative 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 and master teaching certificates. The rul es 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 holding lead and master teaching certificat es 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 least Three Thousand Dollars ($3,000.00) or the district's daily rate of pay, whichever SENATE FLOOR VERSION - HB4107 SFLR 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 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 additiona l fifteen (15) days to be used to strengthen leadership. A person w ith 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 s ubsection shall be subject to approval by the new employing school d istrict. 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 application 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 s hall consider the ability of the school district to fulfill the addi tional requirements described in su bsections I and J and K of this section before making a recommendation to the State Board of Education. SENATE FLOOR VERSION - HB4107 SFLR 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 devel op an application to implement 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 pe rson who has received a recommendation from their local board of edu cation 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 on 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 administration of the teaching certificates liste d 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 EDUCATION April 12, 2022 - DO PASS