Oklahoma 2022 Regular Session

Oklahoma House Bill HB4388 Latest Draft

Bill / Enrolled Version Filed 05/20/2022

                            An Act 
ENROLLED HOUSE 
BILL NO. 4388 	By: Hilbert and Baker of the 
House 
 
  and 
 
  Pugh of the Senate 
 
 
 
 
 
 
An Act relating to tea chers; 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 t he 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 district s 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; 
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 certa in 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 certif icates 
are to be made available; updating statutory  ENR. H. B. NO. 4388 	Page 2 
citations; providing for codification ; providing an 
effective date; and declaring an emergency. 
 
 
 
 
SUBJECT: Teachers 
 
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 
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  ENR. H. B. NO. 4388 	Page 3 
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. 
 
E.  Monies in 1.  The first Sixty-five Million Dollars 
($65,000,000.00) 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 
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, 
  ENR. H. B. NO. 4388 	Page 4 
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 lev els 
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 necess ary training in the 
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 ($5,000,0 00.00), all 
monies appropriated pursuant to this paragraph 
subparagraph which would otherwise be deposited in the  ENR. H. B. NO. 4388 	Page 5 
School Consolidation and Assistance Fund in ex cess of 
Five Million Dollars ($5,000,000.00) shall be 
allocated by the State Department of Educa tion 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 retailers, contract 
fees paid to gaming system vendors and instant ticket providers or 
emergency-related capital expenses, exceed thre e percent (3%) of 
sales. 
 
F. 2.  The remaining portion of lottery annual net proceeds 
deposited to the Oklahoma Education Lottery Trust Fund that exceeds 
Sixty-five Million Dollars ($65,000,000.00) shall be deposited to 
the credit of the Teacher Empowerment Revolving Fund created 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 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  ENR. H. B. NO. 4388 	Page 6 
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, 
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 
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  ENR. H. B. NO. 4388 	Page 7 
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 to 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 
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 tota l 
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  ENR. H. B. NO. 4388 	Page 8 
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 
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 the 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 the 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 Higher Education from the Oklah oma 
Education Lottery Trust Fund for the specific 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 
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 E ducation 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  ENR. H. B. NO. 4388 	Page 9 
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, o nly 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: 
 
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 accreditatio n 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 complet ed 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: 
  ENR. H. B. NO. 4388 	Page 10 
1.  Holds an out-of-state certificate and meets the requirements 
set forth in subsection G of this section; 
 
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 r esponsible 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 
requirements established by t he 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 t his 
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 requiremen ts of paragraph 1 of this 
subsection shall have on file with the Board a current Oklahoma  ENR. H. B. NO. 4388 	Page 11 
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 certi ficate to teach pursuant to this 
subsection. 
 
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 O klahoma 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 ce rtificate 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 
those subject areas and grade levels that correspond with a 
certification area used in Oklah oma. 
 
2.  A person who meets the requirements of para graph 1 of this 
subsection shall have on file with the Board a current Oklahoma  ENR. H. B. NO. 4388 	Page 12 
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 c ompleted 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 
 
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.  ENR. H. B. NO. 4388 	Page 13 
 
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 instruct ional leadership team 
within the building or school district in whi ch the 
lead teacher is assigned, and 
 
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 Thousand Dollars 
($10,000.00) and maximum salary increase of Forty Thousand Do llars 
($40,000.00). 
 
2.  A teacher who works in a school with an enrollment of forty 
percent (40%) or more of students who are economically disadvantaged  ENR. H. B. NO. 4388 	Page 14 
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 assi gn 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.  
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 allotted 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  ENR. H. B. NO. 4388 	Page 15 
show evidence of validity and reliability of the 
measures. 
 
Districts may use additional factors in determining which 
teachers are eligible to receive a designation, 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 
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, 
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. 
  ENR. H. B. NO. 4388 	Page 16 
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 teaching 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 
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  ENR. H. B. NO. 4388 	Page 17 
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 
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 
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. 
 
SECTION 4.  This act shall become effective July 1, 2022. 
 
SECTION 5.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whe reof this act shall take effect and 
be in full force from and after its passage and approval.  ENR. H. B. NO. 4388 	Page 18 
 
Passed the House of Representatives the 20th day of May, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 20th day of May, 2022. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the S ecretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________