Oklahoma 2022 Regular Session

Oklahoma House Bill HB4388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 4388 By: Hilbert and Baker of the
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	27	+
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	2nd Session of the 58th Legislature (2022)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 4388 By: Hilbert and Baker of the
4	36		House
5	37
6	38		and
7	39
8	40		Pugh of the Senate
9	41
10	42
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12	44
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	48	+	CONFERENCE COMMITTEE SUBSTITUTE
14	49
15	50		An Act relating to tea chers; amending 3A O.S. 2021,
16	51		Section 713, which relates to the Oklahoma Education
17	52		Lottery Act; requiring proceeds in excess of certain
18	53		annual amount be deposited into certain fund;
19	54		updating references; creating the Teacher Empowerment
20	55		Revolving Fund for t he State Department of Education;
21	56		providing for expenditures; providing purpose of
22	57		fund; amending 70 O.S. 2021, Section 6 -190, which
23	58		relates to criteria for issuing te aching
24	59		certificates; removing language establishing criteria
25	60		for lead and master teaching certificates; allowing
26	61		the State Board of Education to establish advanced,
27	62		lead, and master teaching certificates; establish ing
28	63		minimum salary increase for certificat es; prescribing
29	64		additional one-time award for certain teachers;
30	65		directing school district s to identify and designate
31	66		teachers for certificates; requiring submission of
32	67		designation plans to the State Department of
33	68		Education for evaluation and approval; prov iding
34	69		minimum requirements for district designation system;
35	70		authorizing use of additional factors; requiring
36	71		state funding match; exempting certain teachers from
37	72		certain annual evaluations; prescribing frequency an d
38	73		timing of designation; providing for pro fessional
39	74		development cohorts and additional training;
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40	101		requiring biennial review of certa in evaluation
41	102		system; requiring annual report on program;
42	103		prescribing and modifying contract terms for teachers
43	104		with advanced, lead, and master certificates;
44	105		clarifying certain funding is a state match for local
45	106		funds; modifying school year in which certif icates
46		-	are to be made available; updating statutory ~~ENR. H. B. NO. 4388 Page 2~~
	107	+	are to be made available; updating statutory
47	108		citations; providing for codification ; providing an
48	109		effective date; and declaring an emergency.
49	110
50	111
51	112
52	113
53		-	SUBJECT: Teachers
54	114
55	115		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56		-
57	116		SECTION 1. AMENDATORY 3A O.S. 2021, Section 713, is
58	117		amended to read as follows:
59		-
60	118		Section 713. A. All gross proceeds shall be t he property of
61	119		the Oklahoma Lottery Commission. From its gross proceeds, the
62	120		Commission shall pay the operating expenses of the Commission. At
63	121		least forty-five percent (45%) of gross proceeds shall be made
64	122		available as prize money. However, the provisio ns of this
65	123		subsection shall be deemed not to create any lien, en titlement,
66	124		cause of action, or other private right, and any rights of holders
67	125		of tickets or shares shall be determined by the Commission in
68	126		setting the terms of its lottery or lotteries.
69		-
70	127		B. The Oklahoma Lottery Commission shall submit a written
71	128		report of its findings and any recommendations regarding the impact
72	129		of removing the requirement that net proceeds shall equal at least
73	130		thirty-five percent (35%) of the gr oss proceeds. The report shall
74	131		be submitted to the Governor, the Speaker of the Oklahoma House of
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75	158		Representatives and the President Pro Tempore of the Oklahoma State
76	159		Senate not later than October 1, 2020, and annually thereafter.
77		-
78	160		C. There is hereby creat ed in the State Treasury a fund to be
79	161		designated the "Oklahoma Education Lottery Trust Fund ". Except as
80	162		otherwise provided in subsections I H and J I of this section, on or
81	163		before the fifteenth day of each calendar quarter, the Commission
82	164		shall transfer to the State Treasurer, for credit to the Oklahoma
83	165		Education Lottery Trust Fund, the amount of al l net proceeds
84	166		accruing during the preceding calendar quarter. Expenditures from
85	167		the fund shall be made upon warrants issued by the State Treasurer
86	168		against claims filed as prescribed by law wi th the Director of the
87	169		Office of Management and Enterprise Serv ices for approval and
88	170		payment.
89		-
90	171		D. Upon their deposit into the State Treasury, any monies
91		-	representing a deposit of net proceeds shall then become the ~~ENR. H. B. NO. 4388 Page 3~~
	172	+	representing a deposit of net proceeds shall then become the
92	173		unencumbered property of this state, and n either the Commission nor
93	174		the board of trustees shall have the power to agree or undertake
94	175		otherwise. The monies shall be invested by the State Treasurer in
95	176		accordance with state investment practices. All earnings
96	177		attributable to such investments shall l ikewise be the unencumbered
97	178		property of the state and shall acc rue to the credit of the fund
98	179		provided for in subsection C of this section.
99	180
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100	206		E. Monies in 1. The first Sixty-five Million Dollars
101	207		($65,000,000.00) of monies contributed annually to the Oklahoma
102	208		Education Lottery Trust Fund shall only be appropriated as follows :
103		-
104	209		1. Forty-five
105		-
106	210		a. forty-five percent (45%) for the following:
107		-
108	211		a. (1) kindergarten through twelfth grade public
109	212		education, including but not limite d to
110	213		compensation and benefits for public school
111	214		teachers and support employees, and
112		-
113	215		b. (2) early childhood development programs, which shall
114	216		include but not be limited to costs associated
115	217		with prekindergarten and full-day kindergarten
116	218		programs;,
117		-
118	219		2. Forty-five
119		-
120	220		b. forty-five percent (45%) for the following:
121		-
122	221		a. (1) tuition grants, loans and sc holarships to
123	222		citizens of this state to enable such citizens to
124	223		attend colleges and universities located within
125	224		this state, regardless of whether such colleges
126	225		and universities are owned or o perated by the
127	226		Oklahoma State Regents for Higher Education, or
128	227		to attend institutions operated under the
129	228		authority of the Oklahoma Department of Career
130	229		and Technology Education; provided, such tuition
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131	256		grants, loans and scholarships shall not be made
132	257		to a citizen of this state to attend a college or
133	258		university which is no t accredited by the
134	259		Oklahoma State Regents for Higher Education,
135		-	ENR. H. B. NO. 4388 Page 4
136	260		b. (2) construction of educational facilities for
137	261		elementary school districts, independent school
138	262		districts, The Oklahoma State Sy stem of Higher
139	263		Education, and career and technology education ,
140		-
141	264		c. (3) capital outlay projects for elementary school
142	265		districts, independent sc hool districts, The
143	266		Oklahoma State System of Higher Education, and
144	267		career and technology education,
145		-
146	268		d. (4) technology for public elementary school district,
147	269		independent school district, state higher
148	270		education, and career and technology education
149	271		facilities, which shall include but not be
150	272		limited to costs of providing to teachers at
151	273		accredited public institutions who teach leve ls
152	274		kindergarten through twelfth grade, personnel at
153	275		technology centers under the authority of the
154	276		Oklahoma State Department of Career and
155	277		Technology Education, and professors and
156	278		instructors within The Oklahoma State System of
157	279		Higher Education, the necessa ry training in the
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158	306		use and application of computers a nd advanced
159	307		electronic instructional technology to implement
160	308		interactive learning environments in the
161	309		classroom and to access the statewide distance
162	310		learning network and costs associated with
163	311		repairing and maintaining advanced electronic
164	312		instructional technology,
165		-
166	313		e. (5) endowed chairs for professors at institutions of
167	314		higher education operated by The Oklahoma State
168	315		System of Higher Education, and
169		-
170	316		f. (6) programs and personnel of the Oklahoma School for
171	317		the Deaf and the Oklahoma School for the Blind;,
172		-
173	318		3. Five
174		-
175	319		c. five percent (5%) to the School Consolidation and
176	320		Assistance Fund. When t he total amount in the School
177	321		Consolidation and Assistance Fund from all sources
178	322		equals Five Million Dollars ($5,000,000.00), all
179	323		monies appropriated pursuant to this paragraph
180		-	subparagraph which would otherwise be deposited in the ~~ENR. H. B. NO. 4388 Page 5~~
	324	+	subparagraph which would otherwise be deposited in the
181	325		School Consolidation and Assistance Fund in ex cess of
182	326		Five Million Dollars ($5,000,000.00) shall be
183	327		allocated by the State Department of Education to
184	328		public schools based on the audited end-of-year
185	329		average daily membership in grades 8 through 12 during
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186	356		the preceding school year for the purpose of
187	357		purchasing technology equipment. If at any time the
188	358		total amount in the School Consolidation and
189	359		Assistance Fund drops below Five Million Dollars
190	360		($5,000,000.00), the monies appropriated pursuant to
191	361		this paragraph subparagraph shall be deposited in the
192	362		School Consolidation and Assistance Fund until the
193	363		Fund again reaches Five Million Dollars
194	364		($5,000,000.00);, and
195		-
196	365		4. Five
197		-
198	366		d. five percent (5%) to the Teachers' Retirement System
199	367		Dedicated Revenue Revolving Fund.
200		-
201	368		In no instance shall the annual maximum percentage for
202	369		administrative costs, not including marketing and advertising costs,
203	370		funds set aside for prizes, commiss ions paid to retailers, contract
204	371		fees paid to gaming system vendors and instant ticket providers or
205	372		emergency-related capital expenses, exceed thre e percent (3%) of
206	373		sales.
207		-
208	374		F. 2. The remaining portion of lottery annual net proceeds
209	375		deposited to the Oklahom a Education Lottery Trust Fund that exceeds
210	376		Sixty-five Million Dollars ($65,000,000.00) shall be deposited to
211	377		the credit of the Teacher Empowerment Revolving Fund created in
212	378		Section 2 of this act.
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213	404
214	405		E. The Legislature shall appropriate funds from the Oklahoma
215	406		Education Lottery Trust Fund only for the purposes specified in
216	407		subsection E D of this section. Even when funds from th e trust fund
217	408		are used for these purposes, the Legislature shall not use funds
218	409		from the trust fund to supplant or replace other state fun ds
219	410		supporting common education, higher education, or career and
220	411		technology education.
221		-
222	412		G. F. In order to ensure that the funds from the trust fund are
223	413		used to enhance and not supplant funding for education, the State
224	414		Board of Equalization shall examine and investigate appropriations
225		-	from the trust fund each year. At the meeting of the State Board of ~~ENR. H. B. NO. 4388 Page 6~~
	415	+	from the trust fund each year. At the meeting of the State Board of
226	416		Equalization held withi n five (5) days after the monthly
227	417		apportionment in February of each year, the State Board of
228	418		Equalization shall issue a finding and repo rt which shall state
229	419		whether appropriations from the trust fund were used to enhance or
230	420		supplant education funding. If the State Board of Equalization
231	421		finds that education funding was supplanted by funds from the trust
232	422		fund, the Board shall specify the am ount by which education funding
233	423		was supplanted. In this event, the Legislature shall not make any
234	424		appropriations for th e ensuing fiscal year until an appropriation in
235	425		that amount is made to replenish the trust fund.
236		-
237	426		H. G. Except as otherwise provided by this subsection, no
238	427		deficiency in the Oklahoma Education Lotter y Trust Fund shall be
239	428		replenished by reducing any nonlott ery funds, including,
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240	455		specifically but without limitation, the General Revenue Fund, the
241	456		Constitutional Reserve Fund or the Education Ref orm Revolving Fund
242	457		of the State Department of Education. No p rogram or project started
243	458		specifically from lottery procee ds shall be continued from the
244	459		General Revenue Fund, the Constitutional Reserve Fund or the
245	460		Education Reform Revolving Fund of the State Department of
246	461		Education. Such programs must be adjusted or d iscontinued according
247	462		to available lottery proceeds unless the Legislature by general law
248	463		establishes eligibility requirements and appropriates specific funds
249	464		therefor. No surplus in the Oklaho ma Education Lottery Trust Fund
250	465		shall be reduced or transferre d to correct any nonlottery
251	466		deficiencies in sums available for general appropriations. The
252	467		provisions of this subsection shall not apply to bonds or other
253	468		obligations issued pursuant to or to t he repayment of bonds or other
254	469		obligations issued pursuant to the Oklahoma Higher Education Promise
255	470		of Excellence Act of 2005.
256		-
257	471		I. H. There is hereby created in the State Treasury a revolving
258	472		fund to be designated the "Oklahoma Education Lottery Revolving
259	473		Fund". The fund shall be a continuing fund, not subject to fi scal
260	474		year limitations, and shall consist of all monies rec eived by the
261	475		Commission. The Commission shall make payments of net proceeds from
262	476		the fund to the Oklahoma Edu cation Lottery Trust Fund on or before
263	477		the fifteenth day of each calendar quarter as pro vided in subsection
264	478		C of this section. All monies accruin g to the credit of the
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265	505		Oklahoma Education Lottery Revolving Fund are hereby appropriated
266	506		and may be budgeted a nd expended for the paymen t of net proceeds,
267	507		prizes, commissions to retailers, administr ative expenses and all
268	508		other expenses arising out of the o peration of the education
269	509		lottery, subject to the limitations provided in the Oklahoma
270		-	Education Lottery Act. Expenditures from the fun d shall be made ~~ENR. H. B. NO. 4388 Page 7~~
	510	+	Education Lottery Act. Expenditures from the fun d shall be made
271	511		upon warrants issued by the State Treasurer ag ainst claims filed as
272	512		prescribed by law with the Director of the Office of Management and
273	513		Enterprise Services for approval and payment.
274		-
275	514		The monies in the fund shall be invested by the State Trea surer
276	515		in accordance with state investment practices. All earn ings
277	516		attributable to such investments shall likewise accru e to the credit
278	517		of the fund.
279		-
280	518		J. I. When appropriations from the Oklahoma Education Lottery
281	519		Trust Fund are made t o common education purs uant to the provisions
282	520		of subparagraph a of paragraph 1 of subsection E D of this section,
283	521		the appropriations shall be made available on a monthly basis. In
284	522		addition to the provisions of subsections C and D of this section,
285	523		the following process shall be used to ensure that the
286	524		appropriations are made available to c ommon education in a timely
287	525		manner:
288		-
289	526		1. Beginning in July of the fiscal year in which appropriations
290	527		are made to common education from the Oklahoma Education Lottery
291	528		Trust Fund, the Commissio n, on or before the ninth day of each
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292	555		month, shall transfer to th e State Treasurer, for credit to the
293	556		Oklahoma Education Lottery Trust Fund, the amount of net proceeds
294	557		accruing during the preceding month equal to the amount of total
295	558		monthly collections due to common education as required by
296	559		subparagraph a of paragraph 1 of subsection E D of this section;
297		-
298	560		2. The Director of th e Office of Management and Enterprise
299	561		Services shall allocate the transfers provided for in paragraph 1 of
300	562		this subsection to the State Department of Education on a monthly
301	563		basis, not to exceed one -twelfth (1/12) of the annual apportionment
302	564		for the fiscal year; and
303		-
304	565		3. The total amount of transfers to the Oklahoma Education
305	566		Lottery Trust Fund of net lottery proceeds made pursuant to this
306	567		subsection shall not exceed the total appropriations made to co mmon
307	568		education from the Oklahoma Education Lottery Trust F und for the
308	569		specific fiscal year.
309		-
310	570		K. J. When appropriations from the Oklahoma Education Lottery
311	571		Trust Fund are made to The Oklahoma Sta te System of Higher
312	572		Education, the appropriations shall be mad e available to the System
313	573		on a monthly basis. In addition to the provisions of subsections C
314		-	and D of this section, ~~t he~~ following process shall be used to ensure ~~ENR. H. B. NO. 4388 Page 8~~
	574	+	and D of this section, the following process shall be used to ensure
315	575		that the appropriations are mad e available to The Oklahoma State
316	576		System of Higher Education i n a timely manner:
317		-
318	577		1. Beginning in July of the fiscal yea r in which appropriations
319	578		are made to The Oklahoma State System of Higher Education from the
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320	605		Oklahoma Education Lottery Trust Fund, the Commission, on or before
321	606		the ninth day of each month, shall tr ansfer to the State Treasurer,
322	607		for credit to the Oklahoma Education Lottery Trust Fund, the amount
323	608		of net proceeds accruing during the preceding month equal to the
324	609		amount of total monthly collec tions due to the Oklahoma State
325	610		Regents for Higher Education a s required by subparagraph b of
326	611		paragraph 2 1 of subsection E D of this section;
327		-
328	612		2. The Director of the Office of Management and Enterprise
329	613		Services shall allocate t he transfers provided for in paragraph 1 of
330	614		this subsection to the Oklahoma State Regents for Higher Education
331	615		on a monthly basis, not to exceed one -twelfth (1/12) of the annual
332	616		apportionment for the fiscal year; and
333		-
334	617		3. The total amount of transfers to th e Oklahoma Education
335	618		Lottery Trust Fund of net lottery proceeds made pursuant to this
336	619		subsection shall not exceed the total appropriations made to T he
337	620		Oklahoma State System for Higher Education from the Oklahoma
338	621		Education Lottery Trust Fund for the specifi c fiscal year.
339		-
340	622		SECTION 2. NEW LAW A new section of law to be codif ied
341	623		in the Oklahoma Statutes as Section 6-190.2 of Title 70, unless
342	624		there is created a duplication in numbering, reads as follows:
343		-
344	625		A. There is hereby created in the State Treasury a revolving
345	626		fund for the State Department of Education to be designated the
346	627		"Teacher Empowerment Revolving Fund". The revolving fund shall be a
347	628		continuing fund, without legislative appropriation, not subject to
	629	+
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	631	+	2
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	633	+	4
	634	+	5
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	637	+	8
	638	+	9
	639	+	10
	640	+	11
	641	+	12
	642	+	13
	643	+	14
	644	+	15
	645	+	16
	646	+	17
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	648	+	19
	649	+	20
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	651	+	22
	652	+	23
	653	+	24
	654	+
348	655		fiscal year limitations, and shall be under the control and
349	656		management of the State Department of Education. Expenditures from
350	657		the Teacher Empowerment Revolving Fund shall be b udgeted and
351	658		expended as provided for in subsection B of this section.
352		-
353	659		B. The State Department of Educ ation shall utilize the funds
354	660		for the program outlined in Section 6-190 of Title 70 of the
355	661		Oklahoma Statutes. Funding shall go toward advanced, lead, and
356	662		master certificate holders on a first-come, first-served basis until
357	663		the cash is exhausted for the school year. Funds from the Teacher
358	664		Empowerment Revolving Fund shall serve as a state match to local
359		-	dollars each school district contributes to its advanced, lead, and ~~ENR. H. B. NO. 4388 Page 9~~
	665	+	dollars each school district contributes to its advanced, lead, and
360	666		master teachers as provided in Section 713 of Title 3A of the
361	667		Oklahoma Statutes.
362		-
363	668		SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -190, is
364	669		amended to read as follows:
365		-
366	670		Section 6-190. A. The board of education of each sc hool
367	671		district shall employ and contract in writing, as required in
368	672		Section 6-101 of this title, only with persons certified to teach by
369	673		the State Board of Education in accordance with the Oklahoma Teacher
370	674		Preparation Act, except as otherwise provided for b y Section 6-101
371	675		of this title and by other law.
372		-
373	676		B. The Board shall issue a certificate to teach to any person
374	677		who:
	678	+
	679	+	Req. No. 11567 Page 14 1
	680	+	2
	681	+	3
	682	+	4
	683	+	5
	684	+	6
	685	+	7
	686	+	8
	687	+	9
	688	+	10
	689	+	11
	690	+	12
	691	+	13
	692	+	14
	693	+	15
	694	+	16
	695	+	17
	696	+	18
	697	+	19
	698	+	20
	699	+	21
	700	+	22
	701	+	23
	702	+	24
375	703
376	704		1. Has successfully completed the teacher education program
377	705		required by the Commission for Educational Quality and
378	706		Accountability;
379		-
380	707		2. Has graduated from an accredited institution of higher
381	708		education that has approval or accreditation for teacher education;
382		-
383	709		3. Has met all other requirements as may be established by the
384	710		Board;
385		-
386	711		4. Has made the necessary application and paid the competency
387	712		examination fee in an amount and as prescribed by the Commission;
388		-
389	713		5. Has successfully completed the competency examination
390	714		required in Section 6-187 of this title; and
391		-
392	715		6. Beginning November 1, 2001, has on file with the Board a
393	716		current Oklahoma criminal his tory record from the Oklahoma State
394	717		Bureau of Investigation as well as a national criminal history
395	718		record check as defined in S ection 150.9 of Title 74 of the Oklahoma
396	719		Statutes. Upon receipt of the Oklahoma criminal history record, the
397	720		Board may issue a temporary certificate which shall be effective
398	721		until receipt of the national fingerprint -based criminal history
399	722		record. The person applying for a certificate shall be responsible
400	723		for the cost of the criminal history records.
401		-
402	724		C. The Board shall issue a cer tificate to teach to any person
403	725		who:
404		-	ENR. H. B. NO. 4388 Page 10
405	726		1. Holds an out-of-state certificate and meets the requirements
406	727		set forth in subsection G of this section;
407	728
	729	+	Req. No. 11567 Page 15 1
	730	+	2
	731	+	3
	732	+	4
	733	+	5
	734	+	6
	735	+	7
	736	+	8
	737	+	9
	738	+	10
	739	+	11
	740	+	12
	741	+	13
	742	+	14
	743	+	15
	744	+	16
	745	+	17
	746	+	18
	747	+	19
	748	+	20
	749	+	21
	750	+	22
	751	+	23
	752	+	24
	753	+
408	754		2. Holds certification from the National Board for Professional
409	755		Teaching Standards;
410		-
411	756		3. Holds an out-of-country certificate and meets the
412	757		requirements set forth in subsection F of this section; or
413		-
414	758		4. Has successfully completed a compete ncy examination used in
415	759		the majority of other states or comparable customized exam and meets
416	760		the requirements set forth in subsec tion H of this section.
417		-
418	761		D. Beginning July 1, 2004, any person applying for initial
419	762		Oklahoma certification shall have on file w ith the Board a current
420	763		Oklahoma criminal history record from the Oklahoma State Bureau of
421	764		Investigation as well as a national cr iminal history record check as
422	765		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
423	766		receipt of the Oklahoma cri minal history record, the Board may issue
424	767		a temporary certificate which shall be effective until receipt of
425	768		the national fingerpr int-based criminal history record. The person
426	769		applying for a certificate shall be responsible for the cost of the
427	770		criminal history records.
428		-
429	771		E. Any person holding a valid certificate, issued prior to
430	772		January 1, 1997, shall be a certified teacher for purpo ses of the
431	773		Oklahoma Teacher Preparation Act, subject to any professional
432	774		development requirements prescribed by the Oklahoma Te acher
433	775		Preparation Act or by the State Board of Education.
434		-
435	776		F. 1. The Board shall issue a certificate to teach to a person
436	777		who holds a valid out-of-country certificate and meets any
	778	+
	779	+	Req. No. 11567 Page 16 1
	780	+	2
	781	+	3
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	783	+	5
	784	+	6
	785	+	7
	786	+	8
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	788	+	10
	789	+	11
	790	+	12
	791	+	13
	792	+	14
	793	+	15
	794	+	16
	795	+	17
	796	+	18
	797	+	19
	798	+	20
	799	+	21
	800	+	22
	801	+	23
	802	+	24
	803	+
437	804		requirements established by the Board. The certificate to teach
438	805		shall only be for those subject areas and grade levels most closely
439	806		aligned to the subject areas and grade levels recognized on the out-
440	807		of-country certificate.
441		-
442	808		2. A person who meets the requirements of paragraph 1 of this
443	809		subsection shall not be required to take a ny competency examinations
444	810		in those subject areas and grade levels most closely aligned to the
445	811		subject areas and grade levels rec ognized on the out-of-country
446	812		certificate.
447		-
448	813		3. A person who meets the requirements of paragraph 1 of this
449		-	subsection shall have on file with the Board a current Oklahoma ~~ENR. H. B. NO. 4388 Page 11~~
	814	+	subsection shall have on file with the Board a current Oklahoma
450	815		criminal history record check from the Oklahoma State Bureau of
451	816		Investigation as well as a national criminal history record check as
452	817		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
453	818		receipt of the Oklahoma criminal history record check, the Board may
454	819		issue a temporary certificate which shall be effective until receipt
455	820		of the national fingerprint-based criminal history record check.
456	821		The person applying for a certificate shall be responsible for the
457	822		cost of the criminal history record checks.
458		-
459	823		4. The Board shall promulgate rules establishing a process by
460	824		which out-of-country certificates will be reviewed and evaluated for
461	825		purposes of awarding a certificate to teach pursuant to this
462	826		subsection.
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	829	+	2
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	832	+	5
	833	+	6
	834	+	7
	835	+	8
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	842	+	15
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	848	+	21
	849	+	22
	850	+	23
	851	+	24
463	852
464	853		G. 1. The Board shall issue a certificate to teach to a person
465	854		who holds a valid out-of-state certificate. The certificate to
466	855		teach shall only be for those subject areas and grade levels most
467	856		closely aligned to the subject areas and grade levels recognized on
468	857		the out-of-state certificate.
469		-
470	858		2. A person who meets the requirements of paragraph 1 of this
471	859		subsection shall not be required to take any competency examinations
472	860		in those subject areas and grade levels most closely aligned to the
473	861		subject areas and grad e levels recognized on the out-of-state
474	862		certificate.
475		-
476	863		3. A person who meets the requirements of this subsection shall
477	864		have on file with the Board a current Oklahoma criminal history
478	865		record check from the Oklahoma State Bureau of Investigation as well
479	866		as a national criminal history record check as defined in Section
480	867		150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the
481	868		Oklahoma criminal history record check, the Board may issue a
482	869		temporary certificate which shall be effective until receipt of the
483	870		national fingerprint-based criminal history record check. The
484	871		person applying for a certificate shall be responsible for the cos t
485	872		of the criminal history record checks.
486		-
487	873		H. 1. The Board shall issue a certificate to teach to a person
488	874		who has successfully completed a competency exam used in a majority
489	875		of the other states. The certificate to teach shall only be for
	876	+
	877	+	Req. No. 11567 Page 18 1
	878	+	2
	879	+	3
	880	+	4
	881	+	5
	882	+	6
	883	+	7
	884	+	8
	885	+	9
	886	+	10
	887	+	11
	888	+	12
	889	+	13
	890	+	14
	891	+	15
	892	+	16
	893	+	17
	894	+	18
	895	+	19
	896	+	20
	897	+	21
	898	+	22
	899	+	23
	900	+	24
	901	+
490	902		those subject areas and grade levels that correspond with a
491	903		certification area used in Oklahoma.
492		-
493	904		2. A person who meets the requirements of para graph 1 of this
494		-	subsection shall have on file with the Board a current Oklahoma ~~ENR. H. B. NO. 4388 Page 12~~
	905	+	subsection shall have on file with the Board a current Oklahoma
495	906		criminal history record check from the Oklahoma S tate Bureau of
496	907		Investigation as well as a national criminal history record check as
497	908		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
498	909		receipt of the Oklahoma criminal history record check, the Board may
499	910		issue a temporary certificate whic h shall be effective until receipt
500	911		of the national fingerprint -based criminal history record check.
501	912		The person applying for a certificate shall be responsible for the
502	913		cost of the criminal history record checks.
503		-
504	914		I. 1. The Board shall issue a lead teachin g certificate to any
505	915		person who upon application:
506		-
507	916		1. Has successfully completed the requirements of this
508	917		subsection;
509		-
510	918		2. Has a minimum of five (5) years of experience as a teacher;
511		-
512	919		3. Participates in a meaningful individualized program of
513	920		professional development, as provided for in Section 6-101.10 of
514	921		this title;
515		-
516	922		4. Has earned a "highly effective" or "superior" rating
517	923		pursuant to Section 6-101.16 of this title; and
	924	+
	925	+	Req. No. 11567 Page 19 1
	926	+	2
	927	+	3
	928	+	4
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	931	+	7
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	934	+	10
	935	+	11
	936	+	12
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	938	+	14
	939	+	15
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518	949
519	950		5. May have a teaching load of not more than seventy-five
520	951		percent (75%) student instruct ion to allow the teacher to mentor
521	952		other teachers.
522		-
523	953		J. 1. The Board shall issue a master teaching certificate to
524	954		any person who upon application:
525		-
526	955		a. has successfully completed the requirements of this
527	956		subsection,
528		-
529	957		b. has a minimum of seven (7) years of exp erience as a
530	958		teacher, and
531		-
532	959		c. (1) has earned a "superior" rating pursuant to
533	960		Section 6-101.16 of this title, or
534		-
535	961		(2) has earned a "highly effective" rating pursuant
536	962		to Section 6-101.16 of this title and holds or
537	963		has held a National Board certification from t he
538	964		National Board for Professional Teaching
539		-	Standards. ENR. H. B. NO. 4388 Page 13
540		-
	965	+	Standards.
541	966		2. Teachers with a master teaching certificate may assume
542	967		leadership roles that include but are not limited to:
543		-
544	968		a. the planning and delivery of professional development
545	969		activities designed to improve instructional
546	970		strategies,
547		-
548	971		b. the facilitation of an instructional leadership team
549	972		within the building or school district in whi ch the
550	973		lead teacher is assigned, and
551	974
	975	+	Req. No. 11567 Page 20 1
	976	+	2
	977	+	3
	978	+	4
	979	+	5
	980	+	6
	981	+	7
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	983	+	9
	984	+	10
	985	+	11
	986	+	12
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	988	+	14
	989	+	15
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	994	+	20
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	999	+
552	1000		c. the mentoring of other teachers and participation in
553	1001		evaluations of other teachers.
554		-
555	1002		3. Teachers with a master teaching certificate may have a
556	1003		teaching load of not more than fifty percent (50%) student
557	1004		instruction to allow the lead teacher to spend time on:
558		-
559	1005		a. co-teaching,
560		-
561	1006		b. co-planning,
562		-
563	1007		c. peer reviews, and
564		-
565	1008		d. other duties mutually agreed up on by the
566	1009		superintendent and the master teacher, and may be used
567	1010		to satisfy the qualitative evaluation component for
568	1011		teachers as required by Section 6-101.16 of this title
569	1012		by performing the duties set forth in this paragraph
570		-
571	1013		may establish new levels of teacher certificates: advanced, lead,
572	1014		and master. Each level shall have a minimum salary increase
573	1015		requirement paid by the school district and matched with state
574	1016		dollars from the lottery funds as provided in Section 713 of Title
575	1017		3A of the Oklahoma Statutes. The advanced certificate shall include
576	1018		a minimum salary increase of Three Thousand Dollars ($3,000.00), the
577	1019		lead certificate shall include a minimum salary increase of Five
578	1020		Thousand Dollars ($5,000.00), and the master certificate shall
579	1021		include a minimum salary increase of Ten Thousand Dollars
580	1022		($10,000.00) and maximum salary increase of Forty Thousand Do llars
581	1023		($40,000.00).
582	1024
	1025	+	Req. No. 11567 Page 21 1
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	1049	+
583	1050		2. A teacher who works in a school with an enrollment of forty
584		-	percent (40%) or more of students who are economically disadvantaged ~~ENR. H. B. NO. 4388 Page 14~~
	1051	+	percent (40%) or more of students who are economically disadvantaged
585	1052		as defined in Section 18 -109.5 of this title or a school district
586	1053		with an enrollment of fewer than one thousand students shall be paid
587	1054		a one-time award in addition to the salary increases provided in
588	1055		paragraph 1 of this subsection:
589		-
590	1056		a. One Thousand Five Hundred Dollars ($1,500.00) for an
591	1057		advanced certificate,
592		-
593	1058		b. Two Thousand Five Hundred Dollars ($2,500.00) for a
594	1059		lead certificate, and
595		-
596	1060		c. Five Thousand Dollars ($5,000.00) for a master
597	1061		certificate.
598		-
599	1062		3. School districts may identify and designate the highest
600	1063		quality teachers for advanced, lead, and master certificates.
601	1064		Participating districts shall submit designation plans to the State
602	1065		Department of Education for evaluation and approval. Districts
603	1066		shall have local control and flexibility in determining how to
604	1067		evaluate teachers and assi gn designations, but, at a minimum, the
605	1068		designation system shall include a teacher observation , out-of-
606	1069		classroom time, and a student performance component.
607		-
608	1070		a. Teacher observation shall be based on the district's
609	1071		selected Teacher and Leader Effectiveness Evaluation
610	1072		System (TLE) evaluation tool or an alternate method of
611		-	evaluation; provided, the method is evidenced-based.
	1073	+	evaluation; provided, the method is evidenced based.
	1074	+
	1075	+	Req. No. 11567 Page 22 1
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	1097	+	23
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	1099	+
612	1100		Alternate methods of evaluation shall not re place the
613	1101		requirements of Section 6-101.16 of this title.
614		-
615	1102		b. Each school district that elects to participate in
616	1103		assigning advanced, lead, and master teacher
617	1104		certificates shall include an out-of-classroom
618	1105		component for its assigned teachers to allow for
619	1106		professional growth opportunities while staying in the
620	1107		classroom. How out-of-classroom time is allotted and
621	1108		managed shall be determined by the school district and
622	1109		submitted as part of its designation plan to the State
623	1110		Department of Education for review and a pproval.
624		-
625	1111		c. Student performance measures may be determined by the
626	1112		district and may include, but shall not be limited to,
627	1113		pre- and post-tests, summative or formative , and
628		-	portfolios. The school district application shall ~~ENR. H. B. NO. 4388 Page 15~~
	1114	+	portfolios. The school district application shall
629	1115		show evidence of validity and reliability of the
630	1116		measures.
631		-
632	1117		Districts may use additional factors in determining which
633	1118		teachers are eligible to receive a designation, such as student
634	1119		surveys, teacher leade rship responsibilities, teacher mentorship
635	1120		responsibilities, family surveys, demonstration of district core
636	1121		values, teacher peer surveys, and contributions to the broader
637	1122		school community. No more than ten percent (10%) of each school
	1123	+
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	1125	+	2
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	1128	+	5
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	1132	+	9
	1133	+	10
	1134	+	11
	1135	+	12
	1136	+	13
	1137	+	14
	1138	+	15
	1139	+	16
	1140	+	17
	1141	+	18
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	1143	+	20
	1144	+	21
	1145	+	22
	1146	+	23
	1147	+	24
	1148	+
638	1149		district's teachers may be designated as an advanced, lead, or
639	1150		master teacher in any given school year.
640		-
641	1151		4. If a school district chooses to participate in this program,
642	1152		the state shall match the amount the district pays above base pay,
643	1153		up to Forty Thousand Dollars ($40,000.00) per teacher.
644		-
645	1154		5. School districts that designate teachers for advanced, lead,
646	1155		and master certificates do not have to participate in annual TLE
647	1156		evaluations for the designated teachers.
648		-
649	1157		6. School districts may designate teachers for advanced, lead,
650	1158		or master certificates two times per year, once prior to the
651	1159		beginning of the school year, and once prior to the beginning of the
652	1160		second semester. Teachers statewide who receive these designations
653	1161		shall be placed in professional development cohorts and provided
654	1162		additional training opportunities from the State Department of
655	1163		Education.
656		-
657	1164		7. After initial approval by the State Department of Education,
658	1165		the Department shall review and validate each participating school
659	1166		district's teacher evaluation system biennially.
660		-
661	1167		8. The State Department of Education shall annual ly report the
662	1168		school districts partici pating in the program, the number of
663	1169		advanced, lead, and master certificates awarded, and the total
664	1170		amount in state match funding that was distributed to teachers .
665		-
666	1171		K. J. The State Board of Education shall adopt rules to
667	1172		implement a renewal schedule and as sociated fees for advanced, lead,
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668	1199		and master teaching certificates. The rules shall allow a teacher
669	1200		that no longer meets the requirements of a an advanced, lead, or
670	1201		master teaching certificate to make application for the standard
671	1202		teaching certificate.
672		-	ENR. H. B. NO. 4388 Page 16
673	1203		L. K. The terms of the contracts issued to those holding
674	1204		advanced, lead, and master teaching certificates shall include the
675	1205		following:
676		-
677	1206		1. Advanced: an additional five (5) days to be used to
678	1207		strengthen instructional lea dership. A person with an advanced
679	1208		teaching certificate shall receive an annual salary increase of at
680	1209		least Three Thousand Dollars ($3,000.00) or the district's daily
681	1210		rate of pay, whichever is higher, in addition to the salary for
682	1211		which the teacher qualif ies pursuant to Section 18-114.14 of this
683	1212		title. This increase shall be matched by state dollars from the
684	1213		lottery funds as provided in Section 713 of Title 3A of the Oklahoma
685	1214		Statutes and shall be paid as regular annual compensation directly
686	1215		to teachers through school districts;
687		-
688	1216		2. Lead: an additional ten (10) days to be used to strengthen
689	1217		instructional leadership. A person with a lead teaching certificate
690	1218		shall receive an annual salary supplement increase of at least Three
691	1219		Thousand Dollars ($3,000.00) Five Thousand Dollars ($5,000.00) or
692	1220		the district's daily rate of pay, whichever is higher, in addition
693	1221		to the salary for which the teacher qualifies pursuant to Section
694	1222		18-114.14 of this title. This increase shall be matched by state
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695	1249		dollars from the lottery funds as provided in Section 713 of Title
696	1250		3A of the Oklahoma Statutes and shall be paid as regular annual
697	1251		compensation directly to teachers through school districts; and
698		-
699	1252		2. 3. Master: an additional fifteen (15) days to be used to
700	1253		strengthen leadership. A person with a master teachin g certificate
701	1254		shall receive an annual salary supplement increase of at least Five
702	1255		Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) or
703	1256		the district's daily rate of pay, whichever is higher, in addition
704	1257		to the salary for which the teacher quali fies pursuant to Section
705	1258		18-114.14 of this title. This increase, up to Forty Thousand
706	1259		Dollars ($40,000.00), shall be matched by state dollars from the
707	1260		lottery funds as provided in Section 713 of Title 3A of the Oklahoma
708	1261		Statutes and shall be paid as regular annual compensation directly
709	1262		to teachers through school districts.
710		-
711	1263		If a person with a an advanced, lead, or master teaching
712	1264		certificate changes school districts during the life of the
713	1265		certificate, the terms of the c ontracts required in this subsection
714	1266		shall be subject to approval by the new employing school district.
715		-
716	1267		M. 1. Any person who is eligible for a lead or master teaching
717		-	certificate described in this section shall make application for the ~~ENR. H. B. NO. 4388 Page 17~~
	1268	+	certificate described in this section shall make application for the
718	1269		following school year with the State Board of Education. The
719	1270		application shall include a recommendation from the local board of
720	1271		education and determination that the applicant has met the statutory
721	1272		criteria. In reviewing an application, the local school board of
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722	1299		education and the superintendent shall consider the ability of the
723	1300		school district to fulfill the additional requirements described in
724	1301		subsections I and J of this section before making a recommendation
725	1302		to the State Board of Education.
726		-
727	1303		2. The State Department of Edu cation shall develop an
728	1304		application to implement the provisions of this subsection and make
729	1305		it available to school districts.
730		-
731	1306		N. L. Beginning in the 2021-2022 2022-2023 school year, the
732	1307		Department shall make the teaching certificates provided for in this
733	1308		section available for any person who has received a recommendation
734	1309		from their local board of education his or her school district and
735	1310		who meets the eligibility criteria as outlined in each school
736	1311		district's teacher evaluation system provided for in subsect ion I of
737	1312		this section.
738		-
739	1313		O. For the 2019-2020 and 2020-2021 school years, the Department
740	1314		shall identify school districts to implement the teaching
741	1315		certificates provided for in this section on a pilot program basis
742	1316		with the assistance of public -private partnerships, funding from
743	1317		philanthropic organizations or federal grants.
744		-
745	1318		P. The Department shall seek funding M. The funding necessary
746	1319		for the administration of this section shall be provided from the
747	1320		Teacher Empowerment Revolving Fund created in Section 2 of this act.
748	1321		If funding for the administration of the teaching certificates
749	1322		listed in subsections subsection I and J is not available, the
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750	1349		Department shall not be required to fulfill th e requirements listed
751	1350		in subsections I, K, and L, M, N and O of this section.
752		-
753	1351		Q. N. The State Board of Education shall promulgate rules to
754	1352		implement the provisions of this act Section 6-180 et seq. of this
755	1353		title.
756		-
757	1354		SECTION 4. This act shall become effective July 1, 2022.
758		-
759	1355		SECTION 5. It being immediately necessary for the preservation
760	1356		of the public peace, health or safety, an emergency is hereby
761	1357		declared to exist, by reason whe reof this act shall take effect and
762		-	be in full force from and after its passage and approval. ~~ENR. H. B. NO. 4388 Page 18~~
	1358	+	be in full force from and after its passage and approval.
763	1359
764		-	~~Passed the House of Representatives the 20th day of May, 2022.~~
	1360	+	58-2-11567 CMA 05/16/22
765	1361
766	1362
767		-
768		-
769		-	Presiding Officer of the House
770		-	of Representatives
771		-
772		-
773		-	Passed the Senate the 20th day of May, 2022.
774		-
775		-
776		-
777		-
778		-	Presiding Officer of the Senate
779		-
780		-
781		-
782		-	OFFICE OF THE GOVERNOR
783		-	Received by the Office of the Governor this ____________________
784		-	day of ___________________, 20_______, at _______ o'clock _______ M.
785		-	By: _________________________________
786		-	Approved by the Governor of the State of Oklahoma this _____ ____
787		-	day of ___________________, 20_______, at _______ o'clock _______ M.
788		-
789		-
790		-	_________________________________
791		-	Governor of the State of Oklahoma
792		-
793		-	OFFICE OF THE SECRETARY OF STATE
794		-	Received by the Office of the S ecretary of State this __________
795		-	day of ___________________, 20_______, at _______ o'clock _______ M.
796		-	By: _________________________________