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ENGROSSED HOUSE
BILL NO. 4387 By: Hilbert, Baker and Phillips
of the House
and
Pugh of the Senate
[ teacher certification - providing issuance of
advanced teaching certifica tes - modifying
procedures for issuing lead and master teaching
certificates - effective date –
emergency - conditional effect ]
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 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:
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1. Has successfully completed the teacher education program
required by the Commission 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 requirements 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 r ecord from the Oklahoma State
Bureau of Investigation as well as a national criminal history
record check as defined in S ection 150.9 of Title 74 of the Oklahoma
Statutes. Upon receip t of the Oklahoma criminal history rec ord, the
Board may issue a tempora ry 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.
C. The Board shall issue a certifica te 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;
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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 compete ncy examination used 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 w ith the Board a current
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 cri minal history record, the Board may issue
a temporary certifica te which shall be effective until rece ipt 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.
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 Te acher
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
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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 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 a ny competency examinations
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.
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 criminal 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 reviewed and evaluated for
purposes of awarding a certificate to teach pursuant to this
subsection.
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G. 1. The Board shall 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 subject 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 examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grad e levels recognized on the out-of-state
certificate.
3. A person who meets the requirements of this subsection shall
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 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 record checks.
H. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall o nly be for
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those subject areas and grade levels that correspond with a
certification area used in Oklahoma.
2. A person who meets the requirements of para graph 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 Statutes. Upon
receipt of the Oklahoma criminal hist ory record check, the Board may
issue a temporary certificate which shal l be 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 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
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5. May have a teaching load of not more than seventy -five
percent (75%) student instruction to allow the teacher to mentor
other teachers.
J. 1. The Board shall issue a master teaching certificate to
any person who upon application:
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
(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 Professional 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 whi ch the
lead teacher is assigned, and
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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 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
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), the
lead certificate shall include a minimum salary increase of Five
Thousand Dollars ($5,000.00), and the master certificate shall
include a minimum salary increase of Ten Thou sand Dollars
($10,000.00) and maximum salary increase of Forty Thousand Do llars
($40,000.00).
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2. A teacher who works in a school with an enrollment of forty
percent (40%) or more of students who are econom ically disadvantaged
as defined in Section 18 -109.5 of this title or a school district
with an enrollment of less than one thousand students shall be paid
a one-time 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
c. Five Thousand Dollars ($5,000.00) for a master
certificate.
3. School districts may identify and designate the highest
quality teachers for advanced, lead, and master certificates.
Participating districts shall submit designation plans to the State
Department 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 a teacher observation , out-of-
classroom time, and a student performance c omponent.
a. Teacher observation shall be based on the district's
selected Teacher and Leader Effectiveness (TLE)
evaluation tool, or an alternate method of evaluation;
provided, the method is evidenced based. Alternate
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methods of evaluation shall not replace the
requirements of Section 6 -101.16 of this title .
b. Each school district that elects to participate in
assigning advanced, lead, and master teacher
certificates shall include an out-of-classroom
component for its assigned teachers to allow for
professional growth opportunities while staying in the
classroom. How out-of-classroom time is allo tted and
managed shall be determined by the school district and
submitted as part of its designation plan to the State
Department of Education for review and approval.
c. Student performance measures may be determined by the
district and may include, but shall not be limited to,
pre- and post-tests, summative or formative , and
portfolios. 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 leade rship responsibilities, teacher mentorship
responsibilities, family surveys, demonstration of district core
values, teacher peer surveys, and contributio ns to the broader
school community. No more than ten percent (10%) of each school
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district's teachers may be designated as an advanced, lead, or
master teacher in any given school year.
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 designate teachers for advanced, lead,
and master certificates do not have to participate in annual TLE
evaluations for the designated teachers.
6. School districts may designate teachers for advanced, lead,
or master certificates two 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 these designations
shall be placed in professional development cohorts and provided
additional training opportunities from the State Department of
Education.
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 annual ly report the
school districts participatin g in the program, the number of
advanced, lead, and master ce rtificates 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,
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and master teaching certificates . The rules shall allow 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 lea dership. A person with an advanced
teaching certificate shall receive an annual salary increase 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 qualif ies pursuant to Section 18-114.14 of this
title. This increase shall be matched by state dollars from the
lottery funds as provided in Section 713 of Title 3A of the Oklahoma
Statutes, and shall be paid as regular annual compensation directly
to teachers through school districts;
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 increase 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 increase shall be matched by state
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dollars from the lottery funds as provided in Section 713 of Title
3A of the Oklahoma Statutes, and shall be paid as regular annual
compensation directly to teachers through school districts; and
2. 3. Master: an additional fifteen (15) days to be used to
strengthen leadership. A person with a master teachin g certificate
shall receive an annual salary supplement increase 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 quali fies pursuant to Secti on
18-114.14 of this title. This increase, 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, and shall be paid as regular annual compensation directly
to teachers through school districts.
If a person with a an advanced, lead, or master teaching
certificate changes school districts during the life of the
certificate, the terms of the c ontracts 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
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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 Edu cation 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 subsect ion I of
this section.
O. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implement the teaching
certificates provide d for in this section on a pilot program basis
with the assistance of public -private partnerships, funding from
philanthropic organizations or federal grants.
P. The Department shall seek funding M. The funding necessary
for the administration of this se ction shall be provided from the
Teacher Empowerment Revolving Fund created in Section 2 of House
Bill No. 4388 of the 2nd Session of the 58th Oklahoma Legislature .
If funding for the administration of the teaching certificates
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listed in subsections subsection I and J is not available, the
Department shall not be required to fulfill th e requirements listed
in subsections I, 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
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.
Passed the House of Representatives the 21st day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate