An Act ENROLLED SENATE BILL NO. 1119 By: Garvin of the Senate and Hilbert of the House An Act relating to teachers; amending 70 O.S. 2021, Section 6-122.3, which relates to alternative teaching certificates; removing clock -hour limitation for adjunct teachers; providing for inapplicability of certain definition; amending 70 O.S. 2021, Sectio n 17-101, which relates to Teachers' Retirement System of Oklahoma definitions; modifying certain definition; updating statutory reference; providing an effective date; and declaring an emergency. SUBJECT: Teachers BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -122.3, is amended to read as follows: Section 6-122.3. A. The State Board of Education shall grant an alternative placem ent teaching certificate to a person who makes application to the Board and meets the following criteria: 1. a. holds at least a baccalaureate degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education a nd has attained a retention grade po int average of not less than 2.50 on a 4.0 scale, or b. has successfully completed a terminal degree, such as a doctorate of philosophy, a doctorate in education, professional doctorates, a master of fine arts degree ENR. S. B. NO. 1119 Page 2 or a master of library science degree, from an institution accredited by a national or regional accrediting agency which is recognized by the Secretary of the United States Department of Education. The Oklah oma State Regents for Higher Education shall be con sulted to verify other terminal degrees, or c. holds at least a baccalaureate degree from an institution whose accreditation is recognized by the Oklahoma State Regents for Higher Education and has qualified work experience in a field that corresponds to an area of certification as determine d by the State Board of Education, and d. in addition to the requireme nts of subparagraphs a, b and c of this paragraph, has demonstrated competency or completed a major in a field that corresponds to an area of specialization for an Elementary -Secondary Certificate or a Secondary Certificate as determined by the State Board of Education or a vocational - technical certificate as recommended by the Oklahoma Department of Career and Technology Education; 2. Declares the int ention to earn standard certificatio n by means of an alternative placement program in not more than three (3) years. The State Board of Education shall determine the subject matter and the number of cl ock or semester hours required for the professional education component for each person ma king application for an alternative placement teaching certificate bas ed on the criteria of paragraph 1 of this subsection. The State Board of Education shall establ ish a core minimum of six (6) semester hours or ninety (90) clock hours and a maximum of eighteen (18) semester hours or two hundred seventy (270) clock hours for the professional education component. The requirements set forth in this subsection shall ex clude all student teaching requirements pursuant to the provisions of subsection E of this s ection; ENR. S. B. NO. 1119 Page 3 3. Has passed the general education and subject area portions of the competency examination required in Section 6 -187 of this title in the area of special ization for which certification is sought; and 4. Either presents a document from an accredi ted public school district in this state offering employment in the ar ea of specialization for which certification is sought on condition that the person enroll in an alternative placement program approved by the State Board of Education or declares the in tention to seek employment as a teacher at an accredited public school district in this state. The certificate granted pursuant to this subsection shall be considered a “valid certificate of qualification” for the purposes of Sections 6-107 and 6-108 of this title, and the holder of the certificate shall be considered an in ductee for the purposes of Section 6-195 of this title. B. An alternative placement teachi ng certificate shall be renewed for not more than a maximum of three (3) years upon presentation of a document from an accredited public school district in this state offering renewed employment in the same area of specialization and a document from a teac her education institution verifying satisfactory progress i n an appropriate alternative placement program. C. Persons enrolled in an alternative placement program s hall: 1. Have never been denied admittance to a teacher education program approved by th e Oklahoma State Regents for Higher Education, the North Central Association of Colleges and Scho ols and by the Oklahoma Commission for Teacher Preparation to offer te acher education programs, nor have enrolled in and subsequently failed courses necessary to successfully meet the minimum requirements of the program, except those persons who hold a cer tificate; 2. Have on file with the director of teacher education at a n Oklahoma institution of higher education a plan for meeting standard certification requirements within three (3) years; and 3. Participate in an in duction program as required in Secti on 6-195 of this title and have the same duties and responsibilities a s other inductees. ENR. S. B. NO. 1119 Page 4 D. The State Board of Education may grant an exception to the requirements for certification and, upon demonstration by an individual of specific competency in the su bject area of specialization, may grant a certificate to the individua l. The State Board may establish other requirements necessary to grant exceptions. E. The State Board o f Education, in consultation with the Commission for Educational Quality and Acco untability, may grant an exception to the requirement to complete a su bject area examination for initial certification in a field which does not require an advanced degree pursuant to this section if the candidate has an advanced degree in a subject that i s substantially comparable to the content assessed on a subject area e xamination. The degree shall be from an institution accredited by a national or regi onal accrediting agency which is recognized by the Secretary of t he U.S. Department of Education. The Commission shall provide the Board with the necessary information to determine comparability. F. Student teaching and a prestudent teaching field exper ience shall not be required of alternative placement program parti cipants for standard certification. G. The State Board of Education shall promulgate rules authorizing adjunct teachers who shall be persons with distinguished qualifications in their fiel d. Adjunct teachers s hall not be required to meet standard certifi cation. Adjunct teachers shall be limited to two hundred seventy (270) clock hours of classroom teaching per semester A person employed as an adjunct teacher pursuant to this subsection wh o does not hold a vali d certificate to teach shall not be conside red a teacher as defined by Section 1 -116 of this title. H. Each teacher education institution shall provide the Oklahoma Commission for Teacher Preparation an annual report of information as specified by the Com mission regarding participation in the alternative placement programs offered by the i nstitution. I. The Oklahoma Commission for Teacher Preparation shall not accredit, renew the accreditation of, or otherwise approve any teacher education program of any institution of higher education in ENR. S. B. NO. 1119 Page 5 this state that has not implemented alternative pla cement programs in at least four areas of specialization , including mathematics, science and a foreign language. Each institution shall allow individuals who meet the cr iteria of subsections A and C of this section to be: 1. Admitted to an alternative pl acement program without further qualification; and 2. Offered the opportunity to complete the requirements for standard certification set forth in subsection A of this s ection during the summer preceding and the summer following the first year of teaching with an alternative placement teaching certificate. Any person seeking standard certification through an alternative placement program shall b e permitted to take necess ary courses during regular semesters if offered. J. The criteria specified in subsect ion I of this section can be met through a cooperative arrangement entered into by two or more institutions of higher education. SECTION 2. AMENDATORY 70 O.S. 2021, Section 17-101, is amended to read as follows: Section 17-101. The following words and phrases as used in this act Section 17-101 et seq. of this title, unless a different meaning is clearly required by the context, shall have the following meanings: (1) “Retirement system” shall mean the Teachers ’ Retirement System of Oklahoma, as defined in Section 17 -102 of this title. (2) “Public school” shall mean a school district, a state college or university, the State Board of Educat ion, the State Board of Career and Technology Educat ion, and any other state educational entity conducted within the state supported wholly or partly by public funds and ope rating under the authority and supervision of a legally constituted board or agency having authority and responsibility for any functio n of public education. “Public school” Public school shall also mean a tuition free, nonprofit alternative school of cho ice that provides education, therapeutic ENR. S. B. NO. 1119 Page 6 counseling, and outreach programs which is aligne d with a school district and which receives grant funds from governmental sources. (3) “Classified personnel ” shall mean any teacher, principal, superintendent, supe rvisor, administrator, librarian, certified or registered nurse, college professor, or col lege president whose salary is paid wholly or in part from public funds. An employee of any state department, board, board of regents , or board of trustees, who is in a supervisory or an administrative position, the functio n of which is primarily devoted to public education, shall be considered classified personnel under the meaning of this act Section 17-101 et seq. of this title, at the discretion o f the Board of Trustees of the Teachers’ Retirement System. The term “teacher” shall also include instruct ors and counselors employed by the Department of Corrections and holding valid teaching certificates issued by the State Department of Education. Pr ovided, that a person employed by the Department of Corrections as an instr uctor or counselor shall have be en actively engaged in the teaching profession for a period of no t less than three (3) years prior to employment to be eligible to participate in the Oklahoma Teachers’ Retirement System of Oklahoma. The Department of Corre ctions shall contribute the employer’s share to the Oklahoma Teachers’ Retirement System of Oklahoma. (4) “Nonclassified optional personnel” shall include persons hired as adjunct teachers pursuant to subsection G of Section 6- 122.3 of this title, cooks, janitors, maintenance personne l not in a supervisory capacity, bus drivers, noncertified or nonregistered nurses, noncertified librarians, and clerical employees of the public schools, state colleges, universities , or any state department, board, board of regents, or board of trustees, t he functions of which are primarily devoted to public education and whose salaries are paid wholly or in part from public funds. (5) “Employer” shall mean the state and any of its designated agents or agencies with respon sibility and authority for public education, such as boards of education of elementary and independent school districts, boards of regents, boards of control , or any other agency of and within the state by which a person may be employed for service in public education. “Employer” Employer shall also mean the board of directors of a tuition free, nonprofit alternative school of choice that provides education, therapeuti c counseling, ENR. S. B. NO. 1119 Page 7 and outreach programs which is aligned with a school district and which receives grant funds from governmenta l sources. (6) “Member” shall mean any teacher or other employee included in the membership of the system as provided in Section 17 -103 of this title. (7) “Board of Trustees” shall mean the board provided for in Section 17-106 of this title to administer the retirement system. (8) “Service” shall mean service as a classified or nonclassified optional employee in the public school sys tem, or any other service devoted primarily to public education in the state. (9) “Prior service” shall mean service rende red prior to July 1, 1943. (10) “Membership service” shall mean service as a member of the classified or nonclassified personnel as defined in paragraph s (3) and (4) of this section. (11) “Creditable service” shall mean membership service plus any prior service authorized under this title. (12) “Annuitant” shall mean any person in receipt of a retirement allowance as provided in this title. (13) “Accumulated contributions” shall mean the sum of all amounts deducted from the compensation of a member and credited to his individual account in the Teacher Teachers’ Savings Fund, together with interest as of June 30, 1968. (14) “Earnable compensation” shall mean the full rate of the compensation that would be payabl e to a member if he worked the full normal working time. (15) “Average salary”: (a) for those members who joined the System prior to July 1, 1992, shall mean the average of the salaries for the three (3) years on which the highest contributions to the Teachers’ Retirement System was paid not to ENR. S. B. NO. 1119 Page 8 exceed the maximum contribution level specified in Section 17-116.2 of this title or the maximum compensation level specified in subsection (28) of this section. Provided, no member shall retire with an average salary in excess of Twenty -five Thousand Dollars ($25,000.00) unless the member has made the required election and paid the required contributions on such salary in excess of Twenty -five Thousand Dollars ($25,000.00), or unless an eligible member fulfills the requirements of Section 17 -116.2C of this title in order to have pre-cap removal service included in the retirement benefit computation of the member using the regular annual compensati on of the member for any pre-cap removal year of service so included subject to the maximum average salary amount , and (b) for those members who join the System after June 30, 1992, shall mean the average of the salaries for five (5) consecutive years on w hich the highest contribution to the Teachers’ Retirement System wa s paid. Only salary on which required contrib utions have been made may be used in computing average salary. (16) “Annuity” shall mean payments for life derived from the “accumulated contributions” of a member. All annuities shall be payable in equal monthly installments. (17) “Pension” shall mean payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments. (18) “Monthly retirement allowance” is one-twelfth (1/12) of the annual retiremen t allowance which shall be payable monthly. (19) “Retirement Benefit Fund” shall mean the fund from which all retirement benefits shall be paid based on such mortality tables as shall be adopted by the Board of Trustees. ENR. S. B. NO. 1119 Page 9 (20) “Actuary” shall mean a person especially skilled through training and experie nce in financial calculation respecting the expectancy and duration of life. (21) “Actuarial equivalent ” shall mean a benefit of equal value when computed upon th e basis of such mortality and other table s as shall be adopted by the Board of Trustees. (22) The masculine pronoun, whenever used, shall include the feminine. (23) “Actuarially determined cost ” shall mean the single sum which is actuarially equivalent i n value to a specified pension amount as determined on the basis of mortality and interest assumptions adopted by the Board of Trustees. (24) “Normal retirement age” means the earliest date upon which: (a) a member reaches the age sixt y-two (62) with respect to a member whose first creditabl e service occurs prior to November 1, 2011, unless the m ember reaches a normal retirement date pursuant to subparagraph (c) or subparagraph (d) of this paragraph, or (b) a member reaches the age of s ixty-five (65) with respect to a member whose first cred itable service occurs on or after November 1, 2011, or wi th respect to a member whose first creditable service occurs on or after November 1, 2011, reaches a normal retirement date pursuant to subpara graph (d) of this pa ragraph having attained a minimum ag e of sixty (60) years, or (c) the age at which the sum of a member’s age and number of years of creditable service total eighty (80), with respect to a member whose first creditable service occurred prior to July 1, 1992 , and who does not reach a normal retirement age pursuant to subparagraph (a) of this paragraph, or (d) the age at which the sum of a member’s age and number of years of creditable service total ninety (90), with ENR. S. B. NO. 1119 Page 10 respect to a member who se first creditable service occurred on or after July 1, 1992, but prior to November 1, 2011, if the member does not reach a normal retirement age pursuant to subparagraph (a) of this paragraph. (25) “Regular annual compensation ” means salary plus fringe benefits, excluding the flexible benefit allowance pu rsuant to Section 26-105 of this title and for purposes purs uant to Section 17-101 et seq. of this title. For purposes of this definition, regular annual compensation shall include: (a) salary which accrues on a regular ba sis in proportion to the service performed, including payments for staff development, (b) amounts that would otherwise qualify as salary under paragraph (a) of this subsection but are not received directly by the member pursuant to a go od faith, voluntary written salary reduction agreem ent in order to finance payments to a deferred compensation or tax- sheltered annuity program or to finance benefit options under a cafeteria plan qualifying under the United States Internal Revenue Code, 2 6 U.S.C., Section 101 et seq., (c) group health and disability insurance, group term life insurance, annuities , and pension plans, provided on a periodic basis to all qualified employees of the employer, which qualify as fringe benefits under the United States Internal Revenu e Code, and (d) excluded from regular annual compensation are: 1. expense reimbursement payme nts, 2. office, vehicle, housing, or other maintenance allowances, 3. the flexible benefit allowance provided pursuant to Section 26-105 of this title, ENR. S. B. NO. 1119 Page 11 4. payment for unused vacation and sick leave, 5. any payment made for reason of termination or retirement not specifically provided for in subparagraphs (a) through (c) of this subsection, 6. maintenance or other nonmonetary compensation, 7. payment received as an i ndependent contractor or consultant, pursuant to a lawful contract which complies with the re quirements of subsection B of Section 6-101.2 of this title, 8. any benefit payments not made pursuant to a valid employment agreement, 9. compensation for clinica l related activity performed in the University of Oklahoma Health Sciences Center (OUHSC) Pro fessional Practice Plan or Oklahoma State University Center for Health Sciences (OSU-CHS) Professional Practice Plan, and 10. any other compensation not described in subparagraphs (a) through (c) of this subsection. (26) “Teacher” means classified personn el and nonclassified optional personnel. (27) “Active classroom teacher” means a person employed by a school district to teach students specif ically identified cl asses for specifically identified subjects during the course of a semester, and who holds a v alid certificate or license issued by and in accordance with the rules and regulations of the State Board of Education. (28) “Maximum compensation level” shall, except as otherwise authorized pursuant to the provisions of Section 17 -116.2C of this title, mean: (a) Twenty-five Thousand Dollars ($25,000.00) for creditable service authorized and performed prior to ENR. S. B. NO. 1119 Page 12 July 1, 1995, for members not elec ting a higher maximum compensation level, (b) Forty Thousand Dollars ($40,000.00) for creditable service authorized and performed prior to July 1, 1995, for members electing a maximum comp ensation level in excess of Twenty -five Thousand Dollars ($25,000.00), (c) Twenty-seven Thousand Five Hundred Dollars ($27,500.00) for members who, as of June 30, 1995, had elected to have a maximum compensation level not in excess of Twenty-five Thousand Dollars ($25,000.00), and who were employed by an entity or institut ion within The Oklahoma State System of Higher Education for creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, if such member does not elect a higher maximum compensation level for this period as author ized by Section 17-116.2A of this title, (d) Thirty-two Thousand Five Hundred Dollars ($32,500.00) for members employed by a comprehensive university if the member meets the requirements i mposed by Section 17-116.2A of this title and the member elects to impose a higher maxim um compensation level for service performed on or after July 1, 1995, but not later than June 30, 1996, (e) Forty-four Thousand Dollars ($44,000.00) for members who, as of June 30, 1995, had elected to have a maximum compensation level in excess of Twenty-five Thousand Dollars ($25,000.00), and who were employed by an entity or institution within The Oklahoma State System of Higher Education for creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, if such member does not elect a higher maximum compensation level for this period as authorized by Sec tion 17-116.2A of this title, ENR. 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NO. 1119 Page 13 (f) Forty-nine Thousand Dollars ($49,000.00) for members employed by a comprehensive university if the member meets the requirements imposed by Section 17-116.2A of this title and the member elects to impose a higher maximum compensation level for service performed on or after July 1, 1995, but not l ater than June 30, 1996, (g) the following amounts for creditable se rvice authorized and performed by members employed by a comprehensive university, based upon the election of the member in effect as of June 30, 1995: 1. for members who elected a maximum compensation level not in excess of Twenty -five Thousand Dollars ($25,000.00): (i) Thirty-two Thousand Five Hundred Dollars ($32,500.00) for service authorized and performed on or after July 1, 1996, but not later than June 30, 1997, (ii) Thirty-seven Thousand Five Hundred Dollars ($37,500.00) for service authorized and performed on or after July 1, 1997, but not later than June 30, 1998, (iii) Forty-two Thousand Five Hundred Dollars ($42,500.00) for service authorized and performed on or after July 1, 1998 , but not later than June 30, 2000, (iv) Forty-seven Thousand Five H undred Dollars ($47,500.00) for service authorized and performed on or after July 1, 2000, but not later than June 30, 2001, (v) Fifty-two Thousand Five Hundred Dollars ($52,500.00) for service authorized and performed on or after July 1, 2001, but not later than June 30, 200 2, ENR. 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NO. 1119 Page 14 (vi) Fifty-seven Thousand Five Hundred Dollars ($57,500.00) for service authorized and performed on or after July 1, 2002, but not later than June 30, 2003, (vii) Sixty-two Thousand Five Hundred Dollars ($62,500.00) for service autho rized and performed on or after July 1, 2003, but not later than June 30, 2004, (viii) Sixty-seven Thousand Five Hundred Dollars ($67,500.00) for service authorized and performed on or after July 1, 2004, but not later than June 30, 2005, (ix) Seventy-two Thousand Five Hundred Dollars ($72,500.00) for service authorized and performed on or after July 1, 2005, but not later than June 30, 2006, (x) Seventy-seven Thousand Five Hundred Dollars ($77,500.00) for service authorized and performed on or after July 1 , 2006, but not later than June 30, 2007, and (xi) the full amount of regular annual compensation for service aut horized and performed on or after July 1, 2007, and 2. for members who elected a maximum compensation level in excess of Twenty -five Thousand Dollars ($25,000.00): (i) Forty-nine Thousand Dollars ($49,000.00) for service authorized and performed on or afte r July 1, 1996, but not later than June 30, 1997, (ii) Fifty-four Thousand Dollars ($54,000.00) for service authorized and performed on or afte r July 1, 1997, but not later than June 30, 1998, ENR. 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NO. 1119 Page 15 (iii) Fifty-nine Thousand Dollars ($59,000.00) for service authorized and performed on or after July 1, 1998, but not later than June 30, 2000, (iv) Sixty-four Thousand Dollars ($64,000.00) for service authorized and performed on or after July 1, 2000, but not later than June 30, 2001, (v) Sixty-nine Thousand Dollars ($69,000.00) for service authorized and performed on or after July 1, 2001, but not later than June 30, 2002, (vi) Seventy-four Thousand Dollar s ($74,000.00) for service authorized and performed on or after July 1, 2002, but not later than June 30, 2003, (vii) Seventy-nine Thousand Dollars ($79,000.00) for service authorized and perf ormed on or after July 1, 2003, but not later than June 30, 2004, (viii) Eighty-four Thousand Dollars ($84,000.00) for service authorized and performed on or after July 1, 2004, but not later than June 30, 2005, (ix) Eighty-nine Thousand Dollars ($89,000.0 0) for service authorized and performed on or after July 1, 2005, but not later than June 30, 2006, (x) Ninety-four Thousand Dollars ($94,000.00) for service authorized and perf ormed on or after July 1, 2006, but not later than June 30, 2007, and ENR. 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NO. 1119 Page 16 (xi) the full amount of regular annual compensation for service authorize d and performed on or after July 1, 2007, and (h) the full amount of regular annual compensation of: 1. a member of the retirement system not employed by an entity or institution within The Oklahoma State System of Higher Education for all creditable service authorized and performed on or after July 1, 1995, 2. a member of the retirement system first employed on or after July 1, 1995, by an entity or institution within The Oklahoma State System of Higher Education for all creditable service authorized and performed on or after July 1, 1995, but not later than June 30, 1996, 3. a member of the retirement system employe d by an entity or institution within The Oklahoma State System of Higher Education, oth er than a comprehensive university, if the member elects to impose a higher maximum compensation level for service performed on or after July 1, 1995, but not later than June 30, 1996, pursuant to subsection B of Section 17-116.2A of this title, 4. a member of the retirement system who is first employed on or after July 1, 1996, b y any entity or institution within The Oklahoma State System of Higher Education, including a comprehensive university, for creditable service authorized and performed on or after July 1, 1996, 5. a member of the retirement system who, as of July 1, 1996, is subject to a maximum compensation level pursuant to paragraph (g) of this subsection if the member terminates service with a comprehensive university and is subsequently reemployed by a comprehensive university, ENR. S. B. NO. 1119 Page 17 6. a member of the retirement system empl oyed by a comprehensive university for all service performed on and after July 1, 2007, or 7. an eligible member of the retirement system who fulfills the requirements of Section 2 of this act Section 17-116.2C of this title with respect to pre-cap removal service included in the retirement benefit computation of the member at the average salary o f the member subject to the maximum average salary amou nt. (29) “Comprehensive university” shall mean: (a) the University of Oklahoma and all of its constituent agencies, including the University of Oklahoma Health Sciences Center, the University of Oklah oma Law Center, and the Geological Survey, and (b) Oklahoma State University and all of its constituent agencies, including the Oklahoma State University Agricultural Experiment Station, the Oklahoma State University Agricultural Extension Division, the Oklahoma State University College of Veterinary Medicine, the Oklahoma State University Center for Health Sciences, the T echnical Branch at Oklahoma City, the Oklahoma State University Institute of Technology-Okmulgee, and Oklahoma State University - Tulsa. (30) “Retirement contract” means the document prepared b y the Teachers’ Retirement System upon member request, which inc orporates member’s selected retirement optio n, and which must be executed and submitted to the Teachers ’ Retirement System no less than t hirty (30) days prior to the projected retirement date. SECTION 3. This act shall become effecti ve July 1, 2022. SECTION 4. It being immediately nece ssary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof th is act shall take effect and be in full force from and aft er its passage and approval. ENR. S. B. NO. 1119 Page 18 Passed the Senate the 23rd day of March, 2022. Presiding Officer of the Senate Passed the House of Represen tatives the 26th day of April, 2022. Presiding Officer of the House of Representatives 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 Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o 'clock _______ M. By: _______________________________ __