Oklahoma 2022 Regular Session

Oklahoma House Bill HB4387 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	SENATE FLOOR VERSION
30		-	April 12, 2022
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34		-	BILL NO. 4387 By: Hilbert, Baker, and
35		-	~~Phillips~~ of the House
	29	+	BILL NO. 4387 By: Hilbert, Baker and Phillips
	30	+	of the House
36	31
37	32		and
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39	34		Pugh of the Senate
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45	40		[ teacher certification - providing issuance of
46		-	advanced teaching certifica tes - modifying ~~procedures~~
47		-	for issuing lead and master teaching ~~certificates -~~
48		-	effective date –
	41	+	advanced teaching certifica tes - modifying
	42	+	procedures for issuing lead and master teaching
	43	+	certificates - effective date –
49	44		emergency - conditional effect ]
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55	49		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	50		SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -190, is
57	51		amended to read as follows:
58	52		Section 6-190. A. The board of education of each school
59	53		district shall employ and contract in writing, as required in
60	54		Section 6-101 of this title, only with persons certified to teach by
61	55		the State Board of Education in accordance with the Ok lahoma Teacher
62	56		Preparation Act, except as otherwise provided for by Sect ion 6-101
63	57		of this title and by other law.
64	58		B. The Board shall issue a certificate to teach to any person
65	59		who:
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93	86		1. Has successfully completed the teacher education program
94	87		required by the Commission for Educational Quality and
95	88		Accountability;
96	89		2. Has graduated from an accredited institution of higher
97	90		education that has approval or accreditation for teacher education;
98	91		3. Has met all other requirements as may be established by the
99	92		Board;
100	93		4. Has made the necessary application and paid the competency
101	94		examination fee in an amount and as prescribed by the Commission;
102	95		5. Has successfully completed the competency examination
103	96		required in Section 6-187 of this title; and
104	97		6. Beginning November 1 , 2001, has on file with the Board a
105	98		current Oklahoma criminal history r ecord from the Oklahoma State
106	99		Bureau of Investigation as well as a national criminal history
107	100		record check as defined in S ection 150.9 of Title 74 of the Oklahoma
108	101		Statutes. Upon receip t of the Oklahoma criminal history rec ord, the
109	102		Board may issue a tempora ry certificate which shall be effective
110	103		until receipt of the national fingerprint -based criminal history
111	104		record. The person applying for a certificate shall be responsible
112	105		for the cost of the criminal history records.
113	106		C. The Board shall issue a certifica te to teach to any person
114	107		who:
115	108		1. Holds an out-of-state certificate and meets the requirements
116	109		set forth in subsection G of this section;
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144	136		2. Holds certification from the National Boa rd for Professional
145	137		Teaching Standards;
146	138		3. Holds an out-of-country certificate and meets the
147	139		requirements set forth in subsection F of this section; or
148	140		4. Has successfully completed a compete ncy examination used in
149	141		the majority of other states or compara ble customized exam and meets
150	142		the requirements set forth in subsection H of this section.
151	143		D. Beginning July 1, 2004, any person applying for initial
152	144		Oklahoma certification shall have on file w ith the Board a current
153	145		Oklahoma criminal history record from t he Oklahoma State Bureau of
154	146		Investigation as well as a national criminal history record check as
155	147		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
156	148		receipt of the Oklahoma cri minal history record, the Board may issue
157	149		a temporary certifica te which shall be effective until rece ipt of
158	150		the national fingerprint -based criminal history record. The person
159	151		applying for a certificate shall be responsible for the cost of the
160	152		criminal history records.
161	153		E. Any person holding a valid certificate, issue d prior to
162	154		January 1, 1997, shall be a certified teacher for purposes of the
163	155		Oklahoma Teacher Preparation Act, subject to any professional
164	156		development requirements prescribed by the Oklahoma Te acher
165	157		Preparation Act or by the State Board of Education.
166	158		F. 1. The Board shall issue a certificate to teach to a person
167	159		who holds a valid out-of-country certificate and meets any
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195	186		requirements established by the Board. The certificate to teach
196	187		shall only be for those subject areas and grade levels most closely
197	188		aligned to the subject areas and grade lev els recognized on the out -
198	189		of-country certificate.
199	190		2. A person who meets the requirements of paragraph 1 of this
200	191		subsection shall not be required to take a ny competency examinations
201	192		in those subject areas and grade lev els most closely aligned to the
202	193		subject areas and grade levels recognize d on the out-of-country
203	194		certificate.
204	195		3. A person who meets the requirements of paragraph 1 of this
205	196		subsection shall have on file with the Board a current Oklahoma
206	197		criminal history rec ord check from the Oklahoma State Bure au of
207	198		Investigation as well as a n ational criminal history record check as
208	199		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
209	200		receipt of the Oklahoma criminal history record check, the Board may
210	201		issue a temporary certificate which shall b e effective until receipt
211	202		of the national fingerprint-based criminal history record check.
212	203		The person applying for a certificate shall be responsible for the
213	204		cost of the criminal history record checks.
214	205		4. The Board shall promulgate rules establishing a p rocess by
215	206		which out-of-country certificates will be reviewed and evaluated for
216	207		purposes of awarding a certificate to teach pursuant to this
217	208		subsection.
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245	235		G. 1. The Board shall issue a certificate to teach to a person
246	236		who holds a valid out -of-state certificate. The certificate to
247	237		teach shall only be for those subject areas and grade levels most
248	238		closely aligned to the subject areas and grade levels recognized on
249	239		the out-of-state certificate.
250	240		2. A person who meets the re quirements of paragraph 1 of this
251	241		subsection shall not be required to ta ke any competency examinations
252	242		in those subject areas and grade levels most closely aligned to the
253	243		subject areas and grad e levels recognized on the out-of-state
254	244		certificate.
255	245		3. A person who meets the requirements of this subsection shall
256	246		have on file with the Board a current Oklahoma criminal history
257	247		record check from the Oklahoma State Bureau of Investigation as well
258	248		as a national criminal history record check as defined in Section
259	249		150.9 of Title 74 of the Oklahoma Statut es. Upon receipt of the
260	250		Oklahoma criminal history record check, the Board may issue a
261	251		temporary certificate which shall be effective until receipt of the
262	252		national fingerprint-based criminal history record check. The
263	253		person applying for a certificate shal l be responsible for the cost
264	254		of the criminal history record checks.
265	255		H. 1. The Board shall issue a certificate to teach to a person
266	256		who has successfully completed a competency exam used in a majority
267	257		of the other states. The certificate to teach shall o nly be for
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295	284		those subject areas and grade levels that correspond with a
296	285		certification area used in Oklahoma.
297	286		2. A person who meets the requirements of para graph 1 of this
298	287		subsection shall have on file with the Board a current Oklahoma
299	288		criminal history reco rd check from the Oklahoma State B ureau of
300	289		Investigation as well as a national criminal history record check as
301	290		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
302	291		receipt of the Oklahoma criminal hist ory record check, the Board may
303	292		issue a temporary certificate which shal l be effective until receipt
304	293		of the national fingerprint -based criminal history record check.
305	294		The person applying for a certificate shall be responsible for the
306	295		cost of the criminal h istory record checks.
307	296		I. 1. The Board shall issue a lead teaching cert ificate to any
308	297		person who upon application:
309	298		1. Has successfully completed the requirements of this
310	299		subsection;
311	300		2. Has a minimum of five (5) years of experience as a teacher;
312	301		3. Participates in a meaningful individualize d program of
313	302		professional developm ent, as provided for in Section 6-101.10 of
314	303		this title;
315	304		4. Has earned a "highly effective" or "superior" rating
316	305		pursuant to Section 6-101.16 of this title; and
317	306
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344	332		5. May have a teaching load of not more than seventy -five
345	333		percent (75%) student instruction to allow the teacher to mentor
346	334		other teachers.
347	335		J. 1. The Board shall issue a master teaching certificate to
348	336		any person who upon application:
349	337		a. has successfully completed the requireme nts of this
350	338		subsection,
351	339		b. has a minimum of seven (7) years of experienc e as a
352	340		teacher, and
353	341		c. (1) has earned a "superior" rating pursuant to
354	342		Section 6-101.16 of this title, or
355	343		(2) has earned a "highly effective" rating pursuant
356	344		to Section 6-101.16 of this title and holds or
357	345		has held a National Board certification from the
358	346		National Board for Professional Teaching
359	347		Standards.
360	348		2. Teachers with a master teaching certificate may assume
361	349		leadership roles that include but are not limited to:
362	350		a. the planning and delivery of professional development
363	351		activities designed to improve instru ctional
364	352		strategies,
365	353		b. the facilitation of an instructional leadership team
366	354		within the building or school district in whi ch the
367	355		lead teacher is assigned, and
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395	382		c. the mentoring of other teachers and participation in
396	383		evaluations of other teachers.
397	384		3. Teachers with a master teaching certificate may have a
398	385		teaching load of not more than fifty percent (50%) student
399	386		instruction to allow the lead teacher to spend time on:
400	387		a. co-teaching,
401	388		b. co-planning,
402	389		c. peer reviews, and
403	390		d. other duties mutually agreed upon by the
404	391		superintendent and the master teacher, and may be used
405	392		to satisfy the qualitative evaluation component for
406	393		teachers as required by Section 6-101.16 of this title
407	394		by performing the duties set forth in this paragraph
408	395		may establish new levels of teacher certificates: advanced, lead,
409	396		and master. Each level shall have a minimum salary increase
410	397		requirement paid by the school district and matched with state
411	398		dollars from the lottery funds as provided in Section 713 of Title
412	399		3A of the Oklahoma Statutes. The advanced certificate shall include
413	400		a minimum salary increase of Three Thousand Dollars ($3,000.00), the
414	401		lead certificate shall include a minimum salary increase of Five
415	402		Thousand Dollars ($5,000.00), and the master certificate shall
416	403		include a minimum salary increase of Ten Thou sand Dollars
417	404		($10,000.00) and maximum salary increase of Forty Thousand Do llars
418	405		($40,000.00).
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446	432		2. A teacher who works in a school with an enrollment of forty
447	433		percent (40%) or more of students who are econom ically disadvantaged
448	434		as defined in Section 18 -109.5 of this title or a school district
449	435		with an enrollment of less than one thousand students shall be paid
450	436		a one-time award in addition to the salary increases provided in
451	437		paragraph 1 of this subsection :
452	438		a. One Thousand Five Hundred Dollars ($1,500.00) for an
453	439		advanced certificate,
454	440		b. Two Thousand Five Hundred Dollars ($2,500.00) for a
455	441		lead certificate, and
456	442		c. Five Thousand Dollars ($5,000.00) for a master
457	443		certificate.
458	444		3. School districts may identify and designate the highest
459	445		quality teachers for advanced, lead, and master certificates.
460	446		Participating districts shall submit designation plans to the State
461	447		Department of Education for evaluation and approval. Districts
462	448		shall have local control and flexibility in determining how to
463	449		evaluate teachers and assign designations , but, at a minimum, the
464	450		designation system shall include a teacher observation , out-of-
465	451		classroom time, and a student performance c omponent.
466	452		a. Teacher observation shall be based on the district's
467	453		selected Teacher and Leader Effectiveness (TLE)
468	454		evaluation tool, or an alternate method of evaluation;
469	455		provided, the method is evidenced based. Alternate
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497	482		methods of evaluation shall not replace the
498	483		requirements of Section 6 -101.16 of this title .
499	484		b. Each school district that elects to participate in
500	485		assigning advanced, lead, and master teacher
501	486		certificates shall include an out-of-classroom
502	487		component for its assigned teachers to allow for
503	488		professional growth opportunities while staying in the
504	489		classroom. How out-of-classroom time is allo tted and
505	490		managed shall be determined by the school district and
506	491		submitted as part of its designation plan to the State
507	492		Department of Education for review and approval.
508	493		c. Student performance measures may be determined by the
509	494		district and may include, but shall not be limited to,
510	495		pre- and post-tests, summative or formative , and
511	496		portfolios. The school district application shall
512	497		show evidence of validity and reliability of the
513	498		measures.
514	499		Districts may use additional factors in determining which
515	500		teachers are eligible to receive a designat ion, such as student
516	501		surveys, teacher leade rship responsibilities, teacher mentorship
517	502		responsibilities, family surveys, demonstration of district core
518	503		values, teacher peer surveys, and contributio ns to the broader
519	504		school community. No more than ten percent (10%) of each school
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547	531		district's teachers may be designated as an advanced, lead, or
548	532		master teacher in any given school year.
549	533		4. If a school district chooses to participate in this program,
550	534		the state shall match the amount the district pays above base pay,
551	535		up to Forty Thousand Dollars ($40,000.00) per teacher.
552	536		5. School districts that designate teachers for advanced, lead,
553	537		and master certificates do not have to participate in annual TLE
554	538		evaluations for the designated teachers.
555	539		6. School districts may designate teachers for advanced, lead,
556	540		or master certificates two times per year, once prior to the
557	541		beginning of the school year, and once prior to the beginning of the
558	542		second semester. Teachers statewide who receive these designations
559	543		shall be placed in professional development cohorts and provided
560	544		additional training opportunities from the State Department of
561	545		Education.
562	546		7. After initial approval by the State Department of Education ,
563	547		the Department shall review and validate each participating school
564	548		district's teacher evaluation system biennially.
565	549		8. The State Department of Education shall annual ly report the
566	550		school districts participatin g in the program, the number of
567	551		advanced, lead, and master ce rtificates awarded, and the total
568	552		amount in state match funding that was distributed to teachers .
569	553		K. J. The State Board of Education shall adopt rules to
570	554		implement a renewal schedule and assoc iated fees for advanced, lead,
571	555
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598	581		and master teaching certificates . The rules shall allow a teacher
599	582		that no longer meets the requi rements of a an advanced, lead, or
600	583		master teaching certificate to make application for the standard
601	584		teaching certificate.
602	585		L. K. The terms of the contracts issued to those holding
603	586		advanced, lead, and master teaching certificates shall include the
604	587		following:
605	588		1. Advanced: an additional five (5) days to be used to
606	589		strengthen instructional lea dership. A person with an advanced
607	590		teaching certificate shall receive an annual salary increase of at
608	591		least Three Thousand Dollars ($3,000.00) or the district's daily
609	592		rate of pay, whichever is higher, in addition to the salary for
610	593		which the teacher qualif ies pursuant to Section 18-114.14 of this
611	594		title. This increase shall be matched by state dollars from the
612	595		lottery funds as provided in Section 713 of Title 3A of the Oklahoma
613	596		Statutes, and shall be paid as regular annual compensation directly
614	597		to teachers through school districts;
615	598		2. Lead: an additional ten (10) days to be used to strengthen
616	599		instructional leadership. A person with a lead teac hing certificate
617	600		shall receive an annual salary supplement increase of at least Three
618	601		Thousand Dollars ($3,000.00) Five Thousand Dollars ($5,000.00) or
619	602		the district's daily rate of pay, whichever is higher, in addition
620	603		to the salary for which the teacher qualifies pursuant to Section
621	604		18-114.14 of this title. This increase shall be matched by state
622	605
623		-	SENATE FLOOR VERSION - HB4387 SFLR Page 13
624		-	(Bold face denotes Committee Amendments) 1
	606	+	ENGR. H. B. NO. 4387 Page 13 1
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649	631		dollars from the lottery funds as provided in Section 713 of Title
650	632		3A of the Oklahoma Statutes, and shall be paid as regular annual
651	633		compensation directly to teachers through school districts; and
652	634		2. 3. Master: an additional fifteen (15) days to be used to
653	635		strengthen leadership. A person with a master teachin g certificate
654	636		shall receive an annual salary supplement increase of at least Five
655	637		Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) or
656	638		the district's daily rate of pay, whichever is higher, in addition
657	639		to the salary for which the teacher quali fies pursuant to Secti on
658	640		18-114.14 of this title. This increase, up to Forty Thousand
659	641		Dollars ($40,000.00) , shall be matched by state dollars from the
660	642		lottery funds as provided in Section 713 of Title 3A of the Oklahoma
661	643		Statutes, and shall be paid as regular annual compensation directly
662	644		to teachers through school districts.
663	645		If a person with a an advanced, lead, or master teaching
664	646		certificate changes school districts during the life of the
665	647		certificate, the terms of the c ontracts required in this subsection
666	648		shall be subject to approval by the new employing schoo l district.
667	649		M. 1. Any person who is eligible for a lead or master teachi ng
668	650		certificate described in this section shall make application for the
669	651		following school year with the State Board of Education. The
670	652		application shall include a recommendation from the local board of
671	653		education and determination that the applicant has met the statutory
672	654		criteria. In reviewing an application, the local school board of
673	655
674		-	SENATE FLOOR VERSION - HB4387 SFLR Page 14
675		-	(Bold face denotes Committee Amendments) 1
	656	+	ENGR. H. B. NO. 4387 Page 14 1
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700	681		education and the superintendent shall consider the ability of the
701	682		school district to fulfill the addi tional requirements described in
702	683		subsections I and J of this section befor e making a recommendation
703	684		to the State Board of Education.
704	685		2. The State Department of Edu cation shall develop an
705	686		application to implement the provisions of this subsection and make
706	687		it available to school districts.
707	688		N. L. Beginning in the 2021-2022 2022-2023 school year, the
708	689		Department shall make the teaching certificates provided for in this
709	690		section available for any person who has received a recommendation
710	691		from their local board of education his or her school district and
711	692		who meets the eligibility criter ia as outlined in each school
712	693		district's teacher evaluation system provided for in subsect ion I of
713	694		this section.
714	695		O. For the 2019-2020 and 2020-2021 school years, the Department
715	696		shall identify school districts to implement the teaching
716	697		certificates provide d for in this section on a pilot program basis
717	698		with the assistance of public -private partnerships, funding from
718	699		philanthropic organizations or federal grants.
719	700		P. The Department shall seek funding M. The funding necessary
720	701		for the administration of this se ction shall be provided from the
721	702		Teacher Empowerment Revolving Fund created in Section 2 of House
722	703		Bill No. 4388 of the 2nd Session of the 58th Oklahoma Legislature .
723	704		If funding for the administration of the teaching certificates
724	705
725		-	SENATE FLOOR VERSION - HB4387 SFLR Page 15
726		-	(Bold face denotes Committee Amendments) 1
	706	+	ENGR. H. B. NO. 4387 Page 15 1
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750	730
751	731		listed in subsections subsection I and J is not available, the
752	732		Department shall not be required to fulfill th e requirements listed
753	733		in subsections I, K, and L, M, N and O of this section.
754	734		Q. N. The State Board of Education shall promulgate rules to
755	735		implement the provisions of this act.
756	736		SECTION 2. This act shall become effective July 1, 2022.
757	737		SECTION 3. It being immediately necessary for the preservation
758	738		of the public peace, health or safety, an emergency is hereby
759	739		declared to exist, by reason whereof thi s act shall take effect and
760	740		be in full force from and after its passage and approv al.
761	741		SECTION 4. The provisions of this act shall be contingent upon
762	742		the enactment of the provisions of House Bill No. 4388 of the 2nd
763	743		Session of the 58th Oklahoma Legislature and shall not become
764	744		operative as law otherwise.
765		-	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
766		-	April 12, 2022 - DO PASS AS AMENDED
	745	+	Passed the House of Representatives the 21st day of March, 2022.
	746	+
	747	+
	748	+
	749	+
	750	+	Presiding Officer of the House
	751	+	of Representatives
	752	+
	753	+
	754	+	Passed the Senate the ___ day of __________, 2022.
	755	+
	756	+
	757	+
	758	+
	759	+	Presiding Officer of the Senate