SENATE FLOOR VERSION - HB4387 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 AS AMENDED 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 Oklahoma 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: SENATE FLOOR VERSION - HB4387 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 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 receipt 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; SENATE FLOOR VERSION - HB4387 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 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 section; or 4. Has successfully completed a compete ncy examination used in the majority of other states or comparable 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 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 cri minal history record, the Board may issue a temporary certificate 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, issued 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 SENATE FLOOR VERSION - HB4387 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 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 levels 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 record 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. SENATE FLOOR VERSION - HB4387 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 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 requirements 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 SENATE FLOOR VERSION - HB4387 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 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 history 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 history 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 SENATE FLOOR VERSION - HB4387 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 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 requirements 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 SENATE FLOOR VERSION - HB4387 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 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). SENATE FLOOR VERSION - HB4387 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 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 component. 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 SENATE FLOOR VERSION - HB4387 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 methods of evaluation shall not re place 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 a pproval. 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 SENATE FLOOR VERSION - HB4387 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 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 partici pating 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 as sociated fees for advanced, lead, SENATE FLOOR VERSION - HB4387 SFLR Page 12 (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 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 SENATE FLOOR VERSION - HB4387 SFLR Page 13 (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 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 Section 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 SENATE FLOOR VERSION - HB4387 SFLR Page 14 (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 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 SENATE FLOOR VERSION - HB4387 SFLR Page 15 (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 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. COMMITTEE REPORT BY: COMMITTEE ON EDUCATION April 12, 2022 - DO PASS AS AMENDED