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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4387 By: Hilbert and Baker of the
House
and
Pugh of the Senate
COMMITTEE SUBSTITUTE
An Act relating to teacher certification; amending 70
O.S. 2021, Section 6-190, which relates to criteria
for issuing teaching certificates; providing for
issuance of advanced teaching certifica tes; modifying
procedures for issuing lead and master teaching
certificates; establishing minimum s alary increase
for certificates; authorizing minimum time out of
classroom; prescribing additional award for certain
teachers; directing school district to identify and
designate teachers for specialized certificates;
requiring submission of plans to State Depa rtment of
Education for evaluation and approval; providing
minimum requirements for district designation system;
authorizing use of additional factors; requiring
state funding match; permitting districts to not
participate in certain program; prescribing frequency
and timing of designation; providing for professional
development cohorts and additional training ;
mandating certain review of each district's system;
requiring annual report of program; prescribing and
modifying contract terms for ad vanced, lead, and
master teachers; providing for funding through
certain lottery monies; stating funding is on a
first-come, first-served basis; clarifying certain
funding is a state match for local funds ; updating
statutory citations; providing an effective date;
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declaring an emergency; and providing for conditional
effect.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 7 0 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 Ok lahoma Teacher
Preparation Act, except as otherwise provided for by Sect ion 6-101
of this title and by other law.
B. The Board shall issue a certificate to teach to any person
who:
1. Has successfully complet ed the teacher education program
required by the Commission for Educational Quality and
Accountability;
2. Has graduated from an accredited i nstitution of higher
education that has approval or accreditation for teacher education;
3. Has met all other req uirements 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;
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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 r ecord from the Oklahoma State
Bureau of Investigation as well as a national criminal history
record check as defined in Section 150.9 of T itle 74 of the Oklahoma
Statutes. Upon receip t of the Oklahoma criminal history rec ord, the
Board may issue a tempora ry certificate which sha ll 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.
C. The Board shall issue a certifica te to teach to any perso n
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 Boa rd for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set forth in subsection F of this section; or
4. Has successfully completed a competency examination u sed in
the majority of other states or compara ble customized exam and meets
the requirements set forth in subsection H of this section.
D. Beginning July 1, 2004, any person applying for initial
Oklahoma certification shall have on file with the Board a c urrent
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Oklahoma criminal history record from t he 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 rec ord, the Board may issue
a temporary certifica te which shall be effective until rece ipt of
the national fingerprint -based criminal history rec ord. The person
applying for a certificate shall be responsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issue d prior to
January 1, 1997, shall be a certified teacher 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 Board. The certificate to teach
shall only be for those su bject areas and grade levels most closely
aligned to the subject areas and grade lev els 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 exa minations
in those subject areas and grade lev els most closely aligned to the
subject areas and grade levels recognize d on the out-of-country
certificate.
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3. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history rec ord check from the Oklahoma State Bure au of
Investigation as well as a n ational criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma crim inal history record check, the Board may
issue a temporary certificate which shall b e effective until 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 p rocess by
which out-of-country certificates will be review ed and evaluated for
purposes of awarding a certificate to teach pursuant to this
subsection.
G. 1. The Board sh all issue a certificate to teach to a person
who holds a valid out -of-state certificate. The certificate to
teach shall only be for those sub ject areas and grade levels most
closely aligned to the subject areas and grade levels recognized on
the out-of-state certificate.
2. A person who meets the re quirements of paragraph 1 of this
subsection shall not be required to ta ke any competency examin ations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels recogniz ed on the out-of-state
certificate.
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3. A person who meets the requirements of this subsection shall
have on file with the Board a current Okl ahoma 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 Statut es. Upon receipt 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
person applying for a certificate shal l be responsible for the cost
of the criminal history reco rd checks.
H. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a compe tency exam used in a majority
of the other states. The certificate to teach shall o nly be for
those subject areas and grade levels that corre spond 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 current Oklahoma
criminal history reco rd check from the Oklahoma State B ureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statute s. Upon
receipt of the Oklahoma criminal hist ory record check, the Board may
issue a temporary certificate which shal l be effective until rec eipt
of the national fingerprint -based criminal history record check.
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The person applying for a certificate shall be responsible for the
cost of the criminal h istory record checks.
I. 1. The Board shall issue a lead teaching cert ificate 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 individualize d program of
professional developm ent, 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 load of not more than seventy -five
percent (75%) student instruction to allow the teacher to me ntor
other teachers.
J. 1. The Board shall issue a master teaching certificate to
any person who upon applicatio n:
a. has successfully completed the requireme nts of this
subsection,
b. has a minimum of seven (7) years of experienc e as a
teacher, and
c. (1) has earned a "superior" rating pursuant to
Section 6-101.16 of this title, or
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(2) has earned a "highly effective" rating pursuant
to Section 6-101.16 of this title and holds or
has held a National Board certification from the
National Board for Professi onal Teaching
Standards.
2. Teachers with a master teaching certificate may assume
leadership roles that include but are not limited to:
a. the planning and delivery of professional development
activities designed to improve instru ctional
strategies,
b. the facilitation of an instructional leadership team
within the building or school district in which the
lead teacher is assigned, and
c. the mentoring of other teachers and participation in
evaluations of other teachers.
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 t eacher to spend time on:
a. co-teaching,
b. co-planning,
c. peer reviews, and
d. other duties mutually agreed upon by the
superintendent and t he master teacher, and may be used
to satisfy the qualitative evaluation component for
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teachers as required by Sec tion 6-101.16 of this title
by performing the duties set forth in this paragraph
may establish new levels of teacher certificates: advanced, lead,
and master. Each level shall have a minimum salary increase
requirement paid by the school district, and matched with state
dollars from the lottery funds as provided in Section 713 of Title
3A of the Oklahoma Statutes. The advanced certificate shall include
a minimum salary increase of Three Thousand Dollars ($3,000.00) and
may include out of classroom at least ten percent (10%) of the time,
the lead certificate shall include a minimum salary increase of Five
Thousand Dollars ($5,000.00) and may include out of classroom at
least twenty-five percent (25%) of the time, and the master
certificate shall include a minimum salary increase of Ten Thousand
Dollars ($10,000.00) and maximum salary increase of Forty Thousand
Dollars ($40,000.00) and may include out of classroom at least fifty
percent (50%) of the time.
2. A teacher who works in a school designated to rec eive Title
I federal funds or a school district with an enrollment of less than
one thousand students shall be paid an award in addition to the
salary increases provided in paragraph 1 of this subsection :
a. One Thousand Five Hundred Dollars ($1,500.00) for an
advanced certificate,
b. Two Thousand Five Hundred Dollars ($2,500.00) for a
lead certificate, and
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c. Five Thousand Dollars ($5,000.00) for a master
certificate.
3. School districts shall identify and designate the highest
quality teachers for advanced, lead, and master certificates. The
district shall submit its designation plans to the State Departm ent
of Education for evaluation and approval. Districts shall have
local control and flexibility in determining how to evaluate
teachers and assign designations , but, at a minimum, the designation
system shall include both a teacher observation and a student
performance component.
a. Teacher observation shall be based on the State
Department of Education's Teacher and Leader
Effectiveness (TLE) and Professional Learning Fo cus,
or a third-party rubric, such as the Tulsa Model,
Marzano, or nationally recognized teacher evalu ation
systems such as the Framework for Teaching (FFT) from
Danielson, National Institute for Excellence in
Teaching TAP, or others. A school district may create
its own teacher evaluation rubric if it can show
evidence of validity and re liability as approved by
the Department.
b. Student performance measures may be determined by the
district and may include pre- and post-tests,
summative or formative , value-added measures, student
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learning objectives (SLOs), and portfo lios. The
school district application shall show evidence of
validity and reliability of the measures.
Districts may use additional factors in determining which
teachers are eligible to receive a designat ion, such as student
surveys, teacher leadership responsibilities, teacher mentorship
responsibilities, family surveys, demonstration of district core
values, teacher peer surveys, and contributions to the broader
school community.
4. If a school district chooses to participate in this program,
the state shall match the amount the district pays above base pay,
up to Forty Thousand Dollars ($40,000.00) per teacher.
5. School districts that create their own teacher evaluation
rubric may choose not to participate in state TLE for teachers
identified for advanced, le ad, and master certificate designations.
6. School districts may designate teachers for advanced, lead,
or master certificates tw o times per year, once prior to the
beginning of the school year, and once prior to the beginning of the
second semester. Teachers statewide who receive t hese designations
shall be placed in professional development cohorts and provided
additional training opportunities from the State Department of
Education.
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7. After initial approval by the State Department of Education ,
the Department shall review and validate each participating school
district's teacher evaluation system biennially.
8. The State Department of Education shall annually report the
school districts participatin g in the program, the number of
advanced, lead, and master certificate s awarded, and the total
amount in state match funding that was distributed to teachers .
K. J. The State Board of Education shall adopt rules to
implement a renewal schedule and assoc iated fees for advanced, lead,
and master teaching certificates. The rules shall a llow a teacher
that no longer meets the requi rements of a an advanced, lead, or
master teaching certificate to make application for the standard
teaching certificate.
L. K. The terms of the contracts issued to those holding
advanced, lead, and master teaching certificates shall include the
following:
1. Advanced: an additional five (5) days to be used to
strengthen instructional leadership. A person with an advanced
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 is higher, in addition to the salary for
which the teacher qualifies pursuant to Section 18-114.14 of this
title. This supplement shall be matched by state dollars from the
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lottery funds as provided in Section 713 of Title 3A of the Oklahoma
Statutes;
2. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead teac hing certificate
shall receive an annual salary supplement of at least Three Thousand
Dollars ($3,000.00) 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. This supplement shall be matched by state
dollars from the lottery funds as provided in Section 713 of Title
3A of the Oklahoma Statutes; and
2. 3. Master: an additional fifteen (15) days to be used 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) Ten Thousand Dollars ($10,000 .00) or the
district's daily rate of pay, whichever is higher, in addition to
the salary for which the teacher qualifies pursuant to Secti on 18-
114.14 of this title. This supplement, up to Forty Thousand Dollars
($40,000.00), shall be matched by state dollars from the lottery
funds as provided in Section 713 of Title 3A of the Oklahoma
Statutes.
If a person with a an advanced, lead, or master teaching
certificate changes school districts during the life of the
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certificate, the terms of the contracts required in this subsection
shall be subject to approval by the new employing schoo l district.
M. 1. Any person who is eligible for a lead or master teachi ng
certificate described in this section 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 determination that the applicant has met the statutory
criteria. In reviewing an application, the local school board of
education and the superintendent shall consider the ability of the
school district to fulfill the addi tional requirements described in
subsections I and J of this section befor e making a recommendation
to the State Board of Education.
2. The State Department of Education shall develop an
application to implement the provisions of this subsection and make
it available to school districts.
N. L. Beginning in the 2021-2022 2022-2023 school year, the
Department shall make the teaching certificates provided for in this
section available for any person who has received a recommendation
from their local board of education his or her school district and
who meets the eligibility criter ia as outlined in each school
district's teacher evaluation system provided for in subsection I of
this section.
O. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implement the teaching
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certificates provide d for in this section on a pilot program basis
with the assistance of public -private partnerships, funding fro m
philanthropic organizations or federal gra nts.
P. The Department shall seek funding M. The funding necessary
for the administration of this se ction shall be provided from the
Oklahoma Education Lottery Trust Fund on a cash basis after fu nding
and requirements are met in accordance with Se ction 713 of Title 3A
of the Oklahoma Statutes. Funding shall go toward advanced, lead,
and master certifica te holders on a first-come, first-served basis
until the cash is exhausted for the school year. Funds from the
Oklahoma Education Lottery Trust Fund shall serve as a state match
to local dollars each school district contributes to their advanced,
lead, and master teachers as provided in Section 713 of Title 3A of
the Oklahoma Statutes. If funding for the administration of the
teaching certificates listed in subsections subsection I and J is
not available, the Department shall not be required to fulfill th e
requirements listed in subsections K and L, M, N and O of this
section.
Q. N. The State Board of Education shall promulgate rules to
implement the provisions of this act.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approv al.
SECTION 4. The provisions of this act shall be contingent upon
the enactment of the provisions of House Bill No. 4388 of the 2nd
Session of the 58th Oklahoma Legislature and shall not become
operative as law otherwise.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022
- DO PASS, As Amended and Coauthored.