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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 4388 By: Hilbert and Baker of the
House
and
Pugh of the Senate
[ amusements and sports - Oklahoma Education Lottery
Act - Teacher Empowerment Revolving Fund -
effective date - conditional effect ]
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to teachers; amending 3A O.S. 2021,
Section 713, which relates to the Oklahoma Education
Lottery Act; requiring proceeds in excess of certain
annual amount be deposited into certain fund;
updating references; creating the Teacher Empowerment
Revolving Fund for the State Department of Education;
providing for expenditures; providing purpose of
fund; amending 70 O.S. 2021, Section 6 -190, which
relates to criteria for issuing te aching
certificates; removing language establishing criteria
for lead and master teaching certificates; allowing
the State Board of Education to establish advanced,
lead, and master teaching certificates; establish ing
minimum salary increase for certificat es; prescribing
additional one-time award for certain teachers;
directing school districts to identify and designate
teachers for certificates; requiring submission of
designation plans to the State Department of
Education for evaluation and approval; prov iding
minimum requirements for district designation system;
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authorizing use of additional factors; requiring
state funding match; exempting certain teachers from
certain annual evaluations; prescribing frequency an d
timing of designation; providing for pro fessional
development cohorts and additional training;
requiring biennial review of certain evaluation
system; requiring annual report on program;
prescribing and modifying contract terms for teachers
with advanced, lead, and master certificates;
clarifying certain funding is a state match for local
funds; modifying school year in which certificates
are to be made available; updating statutory
citations; and providing for codification .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3A O.S. 2021, Section 713, is
amended to read as follows:
Section 713. A. All gross proceeds shall be t he property of
the Oklahoma Lottery Commission. From its gross proceeds, the
Commission shall pay the operating expenses of the Commission. At
least forty-five percent (45%) of gross proceeds shall be made
available as prize money. However, the provisio ns of this
subsection shall be deemed not to create any lien, en titlement,
cause of action, or other private right, and any rights of holders
of tickets or shares shall be d etermined by the Commission in
setting the terms of its lottery or lotteries.
B. The Oklahoma Lottery Commission shall submit a written
report of its findings and any recommendations regarding the impact
of removing the requirement that net proceeds shall equal at least
thirty-five percent (35%) of the gr oss proceeds. The report shall
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be submitted to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate not later than October 1, 2020, and annually thereafter.
C. There is hereby creat ed in the State Treasury a fund to be
designated the "Oklahoma Education Lottery Trust Fund ". Except as
otherwise provided in subsections I H and J I of this section, on or
before the fifteenth day of each ca lendar quarter, the Commission
shall transfer to the State Treasurer, for credit to the Oklahoma
Education Lottery Trust Fund, the amount of al l net proceeds
accruing during the preceding calendar quarter. Expenditures from
the fund shall be made upon war rants issued by the State Treasurer
against claims filed as prescribed by law wi th the Director of the
Office of Management and Enterprise Serv ices for approval and
payment.
D. Upon their deposit into the State Treasury, any monies
representing a deposit of net proceeds shall then become the
unencumbered property of this state, and n either the Commission nor
the board of trustees shall have the power to agree or undertake
otherwise. The monies shall be invested by the State Treasurer in
accordance with state investment practices. All earnings
attributable to such investments shall l ikewise be the unencumbered
property of the state and shall acc rue to the credit of the fund
provided for in subsection C of this section.
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E. Monies in 1. The first Seventy-five Million Dollars
($75,000,000.00) of monies contributed annually to the Oklahoma
Education Lottery Trust Fund shall only be appropriated as follows :
1. Forty-five
a. forty-five percent (45%) for the following:
a. (1) kindergarten through twelfth grade public
education, including but not limite d to
compensation and benefits for public school
teachers and support employees, and
b. (2) early childhood development programs, which shall
include but not be limited to costs associated
with prekindergarten and full -day kindergarten
programs;,
2. Forty-five
b. forty-five percent (45%) for the following:
a. (1) tuition grants, loans and sc holarships to
citizens of this state to enable such citizens to
attend colleges and universities located within
this state, regardless of whether such colleges
and universities are owned or o perated by the
Oklahoma State Regents for Higher Education, or
to attend institutions operated under the
authority of the Oklahoma Department of Career
and Technology Education; provided, such tuition
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grants, loans and scholarships shall not be made
to a citizen of this state to attend a college or
university which is no t accredited by the
Oklahoma State Regents for Higher Education,
b. (2) construction of educational facilities for
elementary school districts, independent school
districts, The Oklahoma State Sy stem of Higher
Education, and career and technology education ,
c. (3) capital outlay projects for elementary school
districts, independent sc hool districts, The
Oklahoma State System of Higher Education, and
career and technology education,
d. (4) technology for public elementary school district,
independent school district, state higher
education, and career and technology education
facilities, which shall include but not be
limited to costs of providing to teachers at
accredited public institutions who teach leve ls
kindergarten through twelfth grade, personnel at
technology centers under the authority of the
Oklahoma State Department of Career and
Technology Education, and professors and
instructors within The Oklahoma State System of
Higher Education, the necessa ry training in the
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use and application of computers a nd advanced
electronic instructional technology to implement
interactive learning environments in the
classroom and to access the statewide distance
learning network and costs associated with
repairing and maintaining advanced electronic
instructional technology,
e. (5) endowed chairs for professors at institutions of
higher education operated by The Oklahoma State
System of Higher Education, and
f. (6) programs and personnel of the Oklahoma School for
the Deaf and the Oklahoma School for the Blind;,
3. Five
c. five percent (5%) to the School Consolidation and
Assistance Fund. When t he total amount in the School
Consolidation and Assistance Fund from all sources
equals Five Million Dollars ($5,000,000.00), all
monies appropriated pursuant to this paragraph
subparagraph which would otherwise be deposited in the
School Consolidation and Assistance Fund in exc ess of
Five Million Dollars ($5,000,000.00) shall be
allocated by the State Department of Education to
public schools based on the audited end-of-year
average daily membership in grades 8 through 12 during
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the preceding school year for the purpose of
purchasing technology equipment. If at any time the
total amount in the School Consolidation and
Assistance Fund drops below Five Million Dollars
($5,000,000.00), the monies appropriated pursuant to
this paragraph subparagraph shall be deposited in the
School Consolidation and Assistance Fund until the
Fund again reaches Five Million Dollars
($5,000,000.00);, and
4. Five
d. five percent (5%) to the Teachers' Retirement System
Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for
administrative costs, not including marketing and advertising costs,
funds set aside for prizes, commiss ions paid to retailers, contract
fees paid to gaming system vendors and instant ticket providers or
emergency-related capital expenses, exceed three percent (3%) of
sales.
F. 2. The remaining portion of lottery annual net proceeds
deposited to the Oklahom a Education Lottery Trust Fund that exceeds
Seventy-five Million Dollars ($75,000,000.00) shall be deposited to
the credit of the Teacher Empowerment Revolving Fund crea ted in
Section 2 of this act.
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E. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes specified in
subsection E D of this section. Even when funds from th e trust fund
are used for these purposes, the Legislature shall not use funds
from the trust fund to supplant or replace other state fun ds
supporting common education, higher education, or career and
technology education.
G. F. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
Board of Equalization shall examine and investigate appropriations
from the trust fund each year. At the meeting of the State Board of
Equalization held withi n five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and repo rt which shall state
whether appropriations from the trust fund were used to enhance or
supplant education funding. If the State Board of Equalization
finds that education funding was supplanted by funds from the trust
fund, the Board shall specify the am ount by which education funding
was supplanted. In this event, the Legislature shall not make any
appropriations for th e ensuing fiscal year until an appropriation in
that amount is made to replenish the trust fund.
H. G. Except as otherwise provided by this subsection, no
deficiency in the Oklahoma Education Lotter y Trust Fund shall be
replenished by reducing any nonlott ery funds, including,
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specifically but without limitation, the General Revenue Fund, the
Constitutional Reserve Fund or the Education Ref orm Revolving Fund
of the State Department of Education. No p rogram or project started
specifically from lottery procee ds shall be continued from the
General Revenue Fund, the Constitutional Reserve Fund or the
Education Reform Revolving Fund of the State Department of
Education. Such programs must be adjusted or d iscontinued according
to available lottery proceeds unless the Legislature by general law
establishes eligibility requirements and appropriates specific funds
therefor. No surplus in the Oklaho ma Education Lottery Trust Fund
shall be reduced or transferre d to correct any nonlottery
deficiencies in sums available for general appropriations. The
provisions of this subsection shall not apply to bonds or other
obligations issued pursuant to or to t he repayment of bonds or other
obligations issued pursuant to the Oklahoma Higher Education Promise
of Excellence Act of 2005.
I. H. There is hereby created in the S tate Treasury a revolving
fund to be designated the "Oklahoma Education Lottery Revolving
Fund". The fund shall be a continuing fund, not subject to fi scal
year limitations, and shall consist of all monies rec eived by the
Commission. The Commission shall make payments of net proceeds from
the fund to the Oklahoma Edu cation Lottery Trust Fund on or before
the fifteenth day of each calendar quarter as pro vided in subsection
C of this section. All monies accruin g to the credit of the
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Oklahoma Education Lott ery Revolving Fund are hereby appropriated
and may be budgeted a nd expended for the paymen t of net proceeds,
prizes, commissions to retailers, administr ative expenses and all
other expenses arising out of the o peration of the education
lottery, subject to the limitations provided in the Oklahoma
Education Lottery Act. Expenditures from the fun d shall be made
upon warrants issued by the State Treasurer ag ainst claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
The monies in the fund shall be invested by the State Trea surer
in accordance with state investment practices. All earn ings
attributable to such investments shall likewise accru e to the credit
of the fund.
J. I. When appropriations from the Oklahoma Education Lottery
Trust Fund are made t o common education purs uant to the provisions
of subparagraph a of paragraph 1 of subsection E D of this section,
the appropriations shall be made available on a monthly basis. In
addition to the provisions of subsections C and D of this section,
the following process shall be used to ensure that the
appropriations are made available to c ommon education in a timely
manner:
1. Beginning in July of the fiscal year in which appropriations
are made to common education from the Oklahoma Education Lottery
Trust Fund, the Commissio n, on or before the ninth day of each
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month, shall transfer to th e State Treasurer, for credit to the
Oklahoma Education Lottery Trust Fund, the amount of net proceed s
accruing during the preceding month equal to the amount of total
monthly collections due to common education as required by
subparagraph a of paragraph 1 of subsection E D of this section;
2. The Director of th e Office of Management and Enterprise
Services shall allocat e the transfers provided for in paragraph 1 of
this subsection to the State Department of Education on a monthly
basis, not to exceed one -twelfth (1/12) of the annual apportionment
for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to co mmon
education from the Oklahoma Education Lottery Trust F und for the
specific fiscal year.
K. J. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to The Oklahoma Sta te System of Higher
Education, the appropriations shall be mad e available to the System
on a monthly basis. In addition to the provisions of subsections C
and D of this section, t he following process shall be used to ensure
that the appropriations are mad e available to The Oklahoma State
System of Higher Education i n a timely manner:
1. Beginning in July of the fiscal yea r in which appropriations
are made to The Oklahoma State Sys tem of Higher Education from the
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Oklahoma Education Lottery Trust Fund, the Commission, on or before
the ninth day of each month, shall tr ansfer to the State Treasurer,
for credit to the Oklahoma Education Lottery Trust Fund, the amount
of net proceeds accruing during the preceding month equal to the
amount of total monthly collec tions due to the Oklahoma State
Regents for Higher Education a s required by subparagraph b of
paragraph 2 1 of subsection E D of this section;
2. The Director of the Office of Man agement and Enterprise
Services shall allocate t he transfers provided for in paragraph 1 of
this subsection to the Oklahoma State Regents for Higher Education
on a monthly basis, not to exceed one -twelfth (1/12) of the annual
apportionment for the fiscal y ear; and
3. The total amount of transfers to th e Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to T he
Oklahoma State System for Hig her Education from the Oklah oma
Education Lottery Trust Fund for the specifi c fiscal year.
SECTION 2. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 6-190.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Teacher Empowerment Revolving Fund". The revolving fund shall be a
continuing fund, without legislative appropriati on, not subject to
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fiscal year limitations, and shall be under the control and
management of the State Department of Education. Expenditures from
the Teacher Empowerment Revolving Fund shall be b udgeted and
expended as provided for in subsection B of this section.
B. The State Department of Educ ation shall utilize the funds
for the program outlined in Section 6-190 of Title 70 of the
Oklahoma Statutes. Funding shall go toward advanced, lead, and
master certificate holders on a first-come, first-served basis until
the cash is exhausted for the school year. Funds from the Teacher
Empowerment Revolving Fund shall serve as a state match to local
dollars each school district contributes to its advanced, lead, and
master teachers as provided in Section 713 of Title 3A of the
Oklahoma Statutes.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -190, is
amended to read as follows:
Section 6-190. A. The board of education of each sc hool
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 b y Section 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 his tory record 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 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.
C. The Board shall issue a cer tificate 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 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 subsec tion 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 cr iminal 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 receipt of
the national fingerpr int-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 purpo ses 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 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 a ny competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels rec ognized 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 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 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 process 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 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 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 Statutes. 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 shall be responsible for the cos t
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 only 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 record check from the Oklahoma S tate 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 whic h shall 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 teachin g 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
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5. May have a teaching load of not more than seventy-five
percent (75%) student instruct ion 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 exp erience 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 t he
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 instructional
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 up on 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 economically disadvantaged
as defined in Section 18 -109.5 of this title or a school district
with an enrollment of fewer 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 Evaluation
System (TLE) evaluation tool or an alternate method of
evaluation; provided, the method is evidenced based.
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Alternate 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 contributions 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 partici pating in the program, the number of
advanced, lead, and master certificates 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,
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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 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 school 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 additional 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 this act.
If funding for the administration of the teaching certificates
listed in subsections subsection I and J is not available, the
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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 6-180 et seq. of this
title.”
Passed the Senate the 28th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 4388 By: Hilbert and Baker of the
House
and
Pugh of the Senate
[ amusements and sports - Oklahoma Education Lottery
Act - Teacher Empowerment Revolving Fund -
effective date - conditional effect ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 4. AMENDATORY 3A O.S. 2021, Section 713, is
amended to read as follows:
Section 713. A. All gross proceeds shall be t he property of
the Oklahoma Lottery Commission. From its gross proceeds, the
Commission shall pay the ope rating expenses of the Commission. At
least forty-five percent (45%) of gross proceeds shall be made
available as prize money. However, the provisio ns of this
subsection shall be deemed not to create any lien, en titlement,
cause of action, or other priva te right, and any rights of holders
of tickets or shares shall be d etermined by the Commission in
setting the terms of its lottery or lotteries.
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B. The Oklahoma Lottery Commission shall submit a written
report of its findings and any recommendations regar ding the impact
of removing the requirement that net proceeds shall equal at least
thirty-five percent (35%) of the gr oss proceeds. The report shall
be submitted to the Governor, the Speaker of the Oklahoma House of
Representatives and the President Pro T empore of the Oklahoma State
Senate not later than October 1, 2020, and annually thereafter.
C. There is hereby creat ed in the State Treasury a fund to be
designated the "Oklahoma Education Lottery Trust Fund ". Except as
otherwise provided in subsections I H and J I of this section, on or
before the fifteenth day of each ca lendar quarter, the Commission
shall transfer to the State Treasurer, for credit to the Oklahoma
Education Lottery Trust Fund, the amount of al l net proceeds
accruing during the preceding c alendar quarter. Expenditures from
the fund shall be made upon war rants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Serv ices for approval and
payment.
D. Upon their deposit into the State Treasury, any monies
representing a deposit of net proceeds shall then become the
unencumbered property of this state, and neit her the Commission nor
the board of trustees shall have the power to agree or undertake
otherwise. The monies shall be invested by the State Treasurer in
accordance with state investment practices. All earnings
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attributable to such investments shall like wise be the unencumbered
property of the state and shall acc rue to the credit of the fund
provided for in subsection C of this section.
E. Monies in 1. The first Sixty Million Dollars
($60,000,000.00) of monies contrib uted annually to the Oklahoma
Education Lottery Trust Fund shall only be appropriated as follows :
1. Forty-five
a. forty-five percent (45%) for the following:
a. (1) kindergarten through twelfth grade public
education, including but not limite d to
compensation and benefits for public school
teachers and support employees, and
b. (2) early childhood development programs, which shall
include but not be limited to costs associated
with prekindergarten and full -day kindergarten
programs;,
2. Forty-five
b. forty-five percent (45%) for the following:
a. (1) tuition grants, loans and sc holarships to
citizens of this state to enab le such citizens to
attend colleges and u niversities located within
this state, regardless of whether such colleges
and universities are owned or o perated by the
Oklahoma State Regents for Higher Education, or
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to attend institutions operated under the
authority of the Oklahoma Department of Caree r
and Technology Education; provided such tuition
grants, loans and scholarships shall not be made
to a citizen of this state to attend a college or
university which is no t accredited by the
Oklahoma State Regents f or Higher Education,
b. (2) construction of educational facilities for
elementary school districts, independent school
districts, The Oklahoma State Sy stem of Higher
Education, and career and technology education ,
c. (3) capital outlay projects for element ary school
districts, independent school districts, The
Oklahoma State System of Higher Education, and
career and technology education,
d. (4) technology for public elementary school district,
independent school district, state higher
education, and career and technology education
facilities, which shall include but not be
limited to costs of providing to teachers at
accredited public institutions who teach leve ls
kindergarten through twelfth grade, personnel at
technology centers under the authority of the
Oklahoma State Department of Career and
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Technology Education, and professors and
instructors within The Oklahoma State System of
Higher Education, the necessa ry training in the
use and application of computers a nd advanced
electronic instructional technol ogy to implement
interactive learning env ironments in the
classroom and to access the statewide distance
learning network and costs associated with
repairing and maintaining advanced electronic
instructional technology,
e. (5) endowed chairs for professors at institutions of
higher education oper ated by The Oklahoma State
System of Higher Education, and
f. (6) programs and personnel of the Oklahoma School for
the Deaf and the Oklahoma School for the Blind;,
3. Five
c. five percent (5%) to the School Consolidation and
Assistance Fund. When the total a mount in the School
Consolidation and Assistance Fund from all sources
equals Five Million Dollars ($5,000,000.00), all
monies appropriated pursuant to this paragraph
subparagraph which would otherwise be deposited in the
School Consolidation and Assistance Fund in exc ess of
Five Million Dollars ($5,000,000.00) shall be
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allocated by the State Department of Education to
public schools based on the audited end-of-year
average daily membership in grades 8 through 12 during
the preceding school year for the purpose of
purchasing technology equipment. If at any time the
total amount in the School Consolidation and
Assistance Fund drops below Five Million Dollars
($5,000,000.00), the monies appropriated pursuant to
this paragraph subparagraph shall be deposited in the
School Consolidation and Assistance Fund until the
Fund again reaches Five Million Dollars
($5,000,000.00);, and
4. Five
d. five percent (5%) to the Teachers' Retirement System
Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for
administrative costs, not including marketing and advertising costs,
funds set aside for prizes, commissions paid to ret ailers, contract
fees paid to gaming system vendors and instant ticket providers or
emergency-related capital expenses, exceed three percent (3%) of
sales.
F. 2. The remaining portion of lottery annual net proceeds
deposited to the Oklahoma Education Lott ery Trust Fund that exceeds
Sixty Million Dollars ($60,000,000.00) shall be deposited to the
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credit of the Teacher Empowerment Revolving Fund crea ted in Section
2 of this act.
E. The Legislature shall appropriate funds from the Oklahoma
Education Lottery Trust Fund only for the purposes specified in
subsection E D of this section. Even when funds from the trust fund
are used for these purposes, the Legislature shall not use funds
from the trust fund to supplant or replace other state funds
supporting common education, higher education, or career and
technology education.
G. F. In order to ensure that the funds from the trust fund are
used to enhance and not supplant funding for education, the State
Board of Equalization shall examine and investigate appro priations
from the trust fund each year. At the meeting of the State Board of
Equalization held within five (5) days after the monthly
apportionment in February of each year, the State Board of
Equalization shall issue a finding and report which shall sta te
whether appropriations from the trust fund wer e used to enhance or
supplant education funding. If the Sta te Board of Equalization
finds that education funding was supplanted by funds from the trust
fund, the Board shall specify the amount by which educ ation funding
was supplanted. In this event, the Legislature shall not make any
appropriations for the ensui ng fiscal year until an appropriation in
that amount is made to replenish the trust fund.
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H. G. Except as otherwise provided by this subsection, n o
deficiency in the Oklahoma Education Lottery Tr ust Fund shall be
replenished by reducing any nonlottery fun ds, including specifically
but without limitation, the General Revenue Fund, the Constitutional
Reserve Fund or the Education Reform Revolving Fund of the State
Department of Education. No progra m or project started specifically
from lottery proceeds shal l be continued from the General Revenue
Fund, the Constitutional Reserve Fund or the Education Refor m
Revolving Fund of the State Department of Edu cation. Such programs
must be adjusted or discon tinued according to available lottery
proceeds unless the Le gislature by general law establishes
eligibility requirements and appropriates specific funds theref or.
No surplus in the Oklahoma Education Lotte ry Trust Fund shall be
reduced or transferred to correct any nonlottery deficiencies in
sums available for ge neral appropriations. The provisions o f this
subsection shall not apply to bonds or other obligatio ns issued
pursuant to or to the repayment of bo nds or other obligations issued
pursuant to the Oklahoma Higher Education Promise of Excellence Act
of 2005.
I. H. There is hereby created in the S tate Treasury a revolving
fund to be designated the "Oklahoma Education Lottery Revolving
Fund". The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies received b y the
Commission. The Commission shall make payments of net proceeds from
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the fund to the Oklahoma Edu cation Lottery Trust Fund on or before
the fifteenth day of each calendar quarter as provided in subsection
C of this section. All monies accruing to th e credit of the
Oklahoma Education Lott ery Revolving Fund are hereby appropriated
and may be budgeted a nd expended for the payment of net proceeds,
prizes, commissions to retailers, administrative expenses and all
other expenses arising out of the operatio n of the education
lottery, subject to the limitations provided in the Oklahoma
Education Lottery Act. Expenditures from the fund shall be made
upon warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
The monies in the fund shall be invested by the State Treasurer
in accordance with state investment practices. All earnings
attributable to such investments shall likewise accrue to th e credit
of the fund.
J. I. When appropriations from the Oklahoma Education Lottery
Trust Fund are made t o common education pursuant to the provis ions
of subparagraph a of paragraph 1 of subsecti on E D of this section,
the appropriations shall be made available on a monthly basis. In
addition to the provisions of subsections C and D of this section,
the following process shall be used to ensure tha t the
appropriations are made available to common education in a timely
manner:
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1. Beginning in July of the fiscal year in which appropriations
are made to common education from the Oklahoma Education Lottery
Trust Fund, the Commissio n, on or before the n inth day of each
month, shall transfer to the Sta te Treasurer, for credit to the
Oklahoma Education Lottery Trust Fund, the amount of net proceed s
accruing during the preceding month equal to the amount of total
monthly collections due to common education as required by
subparagraph a of paragraph 1 of subsection E D of this section;
2. The Director of the Offic e of Management and Enterprise
Services shall allocat e the transfers provided for in paragraph 1 of
this subsection to the State Department of Edu cation on a monthly
basis, not to exceed one -twelfth (1/12) of the annual apportionment
for the fiscal year; a nd
3. The total amount of transfers to the Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to common
education from the Oklahoma Education Lottery Trust Fund for the
specific fiscal year.
K. J. When appropriations from the Oklahoma Education Lottery
Trust Fund are made to The Oklahoma State System of Highe r
Education, the appropriations shall be made ava ilable to the System
on a monthly basis. In addition to the provisions of subsections C
and D of this section, t he following process shall be used to ensure
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that the appropriations are made available to The Oklahoma State
System of Higher Education in a t imely manner:
1. Beginning in July of the fiscal year in wh ich appropriations
are made to The Oklahoma State Sys tem of Higher Education from the
Oklahoma Education Lottery Trust Fund, the Commission, on or before
the ninth day of each month, shall transfe r to the State Treasurer,
for credit to the Oklahoma Educati on Lottery Trust Fund, the amount
of net proceeds accruing during the preceding month equal to the
amount of total monthly collections due to the O klahoma State
Regents for Higher Education as req uired by subparagraph b of
paragraph 2 1 of subsection E D of this section;
2. The Director of the Office of Man agement and Enterprise
Services shall allocate t he transfers provided for in paragraph 1 of
this subsection to the Oklahoma State Regents for H igher Education
on a monthly basis, not to exceed one -twelfth (1/12) of the annual
apportionment for the fiscal y ear; and
3. The total amount of transfers to th e Oklahoma Education
Lottery Trust Fund of net lottery proceeds made pursuant to this
subsection shall not exceed the total appropriations made to The
Oklahoma State System for Hig her Education from the Oklah oma
Education Lottery Trust Fund for the specifi c fiscal year.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-190.2 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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A. There is hereby created in the State Treasury a revolving
fund for the State Department of Education to be designated the
"Teacher Empowerment Revolving Fund". The revolving fund shall be a
continuing fund, without legislative appropriati on, not subject to
fiscal year limitations, and shall be under the control and
management of the State Department of Education. Expenditures from
the Teacher Empowerment Revolving Fund shall be budgeted and
expended as provided for in subsection B of this section.
B. The State Department of Educ ation shall utilize the funds
for the program outlined in Section 6-190 of Title 70 of the
Oklahoma Statutes. Funding shall go toward advanced, lead, and
master certificate holders on a first-come, first-served basis until
the cash is exhausted for the school year. Funds from the Teacher
Empowerment Revolving 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.
SECTION 6. This act shall become effect ive November 1, 2022.
SECTION 7. The provisions of this act shall be contingent upon
the enactment of the provisions of House Bill No. 4387 of the 2nd
Session of the 58th Oklahoma Legislature and shall not become
operative as law otherwise.
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Passed the House of Representatives the 22nd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate