Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1535 Introduced / Bill

Filed 01/20/2022

                     
 
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
SENATE BILL 1535 	By: Pugh 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to teachers; amending 51 O.S. 2021, 
Section 24A.7, which relates to confidentiality of 
certain personnel records ; removing language 
regarding confidentiality of records created pursuant 
to certain evaluation system; amending 70 O .S. 2021, 
Section 5-141, which relates to schoo l district 
minimum salary schedules; removing language allowing 
additional compensation for certain ev aluation 
ratings; updating statutory reference; amending 70 
O.S. 2021, Section 5 -141.2, which relates to model 
incentive pay plans; removing statutory ref erence; 
amending 70 O.S. 2021, Section 5-141.4, which relates 
to teacher incentive pay awards; removing language 
allowing an incentive pay plan to be based on 
performance measured by certain system; updating 
language; providing definition; amending 70 O.S. 
2021, Section 6-101.3, which relates to definitions 
related to teachers; modify ing definitions; amend ing 
70 O.S. 2021, Section 6-101.10, which relates to 
school district evaluation policies; removing 
reference to certain professional development; 
allowing rather than requiring school districts to 
adopt certain evaluation policies; removing 
references to implementation of the Oklahoma Teacher 
and Leader Effectiveness Evaluation System ; providing 
for contents that may be included in an evaluation 
policy; removing requirement for an individualized 
program of professional development; removing 
requirement for training of certain evaluation 
personnel; allowing rather than requiring the State 
Department of Education to conduct certain workshops; 
removing language directing the State Board of 
Education to monitor certain compliance; amending 70 
O.S. 2021, Section 6-101.11, which relates to copies 
of evaluations; providing statutory ref erence;   
 
 
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removing language regarding availability of certain 
evaluation data; amending 70 O.S. 2021, Section 6-
101.13, which relates to due process procedures; 
removing language allowi ng dismissal or 
nonreemployment of a principal who receives certain 
evaluation rating; amending 70 O.S. 2021, Section 6-
101.22, which relates to reasons to dismiss c areer 
teachers; removing language requiring dismissal or 
nonreemployment of teachers who receive certain 
evaluation ratings; amending 70 O.S. 2021, Section 6-
101.23, which relates to inapplicability of certain 
due process provisions; removing language requiring 
application of certain evaluation p rovisions to 
certain teachers; amending 70 O.S . 2021, Section 6-
101.24, which relates to identification of poor 
teacher performance; removing language regarding 
actions to be taken upon implementation of certain 
evaluation system; allowing rather than requ iring 
certain recommendation for dismissal or 
nonreemployment to be made; providing statutory 
reference; amending 70 O.S. 2021, Section 6-190, 
which relates to contracting with teachers; removing 
qualifications for certain teacher c ertificates 
related to evaluation ratings; repealing 70 O.S. 
2021, Section 6-101.16, which relates to adoption of 
the Oklahoma Teacher and Leader Effectiveness 
Evaluation System; repealing 70 O.S. 2021, Section 6-
101.31, which relates to basing retention or 
reassignment decisions on certain evaluation ratings; 
providing an effective date; and declaring an 
emergency. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : 
SECTION 1.     AMENDATORY     51 O.S. 2021, Section 24A.7, is 
amended to read as follows: 
Section 24A.7. A.  A public body may keep personnel records 
confidential:   
 
 
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1.  Which relate to internal perso nnel investigations including 
examination and selection material for employment, hiring, 
appointment, promotion, demotion, discipline, or r esignation; or 
2.  Where disclosure would constitute a clearly unwarranted 
invasion of personal privacy such as emplo yee evaluations, payroll 
deductions, employment applications submitted by persons not hi red 
by the public body, and transcripts from instit utions of higher 
education maintained in the personnel files of certified public 
school employees; provided, however, that nothing in this subsection 
shall be construed to exempt from disclosure the degree obtained and 
the curriculum on the transcripts of certified public school 
employees. 
B.  All personnel records not specifically falling within the 
exceptions provided in subsection A or D of this section shall be 
available for public inspection and copyin g including, but not 
limited to, records of: 
1.  An employment application of a person who becomes a public 
official; 
2.  The gross receipts of public funds; 
3.  The dates of employment, title or position; and 
4.  Any final disciplinary action resulting in loss of pay, 
suspension, demotion of position, or termination.   
 
 
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C.  Except as may otherwise be made confidential by statute, an 
employee of a public body shall have a r ight of access to his own 
personnel file. 
D.  The home addresses, home telephone numbers, Social Security 
numbers, private email addresses, and private mobile phone numb ers 
of current and former public employees shall not be open to public 
inspection or disclosure; provided, however, that not hing in this 
subsection shall be construed to exemp t from disclosure public 
records created using a pr ivate email address or private mobile 
phone. 
E.  Except as otherwise required by Section 6 -101.16 of Title 70 
of the Oklahoma Statutes, public bodies shal l keep confidential all 
records created pursuant to the Oklahoma Teacher and Leader 
Effectiveness Evaluation System (TLE) which ide ntify a current or 
former public employee and contain any evaluation, observation or 
other TLE record of such employee. 
SECTION 2.     AMENDATORY     70 O.S. 2021, Section 5 -141, is 
amended to read as follows: 
Section 5-141. A.  Each school dist rict of this state shall 
adopt a minimum sala ry schedule and shall transmit a c opy of it to 
the State Board of Educat ion within thirty (30) days after adoption.  
A school district shall not calculate salaries of teachers solely as 
a proportion of the salar ies of the administrators of the district.   
 
 
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B. Districts shall be encouraged to provide compensation 
schedules to reflect district policies and circumstances , including 
differential pay for different subject areas and s pecial incentives 
for teachers in districts with specific geographical attributes.  
Districts may also adopt a salar y schedule that provides additional 
compensation for achieving certain ratings under the Oklahoma 
Teacher and Leader Effectiveness Evaluatio n System (TLE) as set 
forth in Section 6 of this act. Any salary schedule adopted by a 
district pursuant to this se ction shall not set salaries at amount s 
less than those set pursuant to Section 18-114.12 18-114.14 of this 
title. 
C. The State Department of Education shall compile a report o f 
the minimum salary schedules for every school distric t in the state 
and shall submit the report to the Governor, Speaker of the House of 
Representatives, and President Pro Tempore of the Senate no later 
than December 15 of each year. 
D. Each school district shall file within fifteen (15) days of 
signing the contract, the employmen t contract of the superintendent 
of the school district with the State Department of Education.  The 
Department shall keep all contracts ava ilable for inspection by the 
public.  The school district shall not be authorized to pay any 
salary, benefits, or other compensation to a superintendent w hich 
are not specified in the contract on file and shall not pay 
administrators any amounts for accumu lated sick leave that are not   
 
 
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calculated on the same formula used for determining payment for 
accumulated sick leave benefits for other full -time employees of 
that school district and shall not pay administrators any amounts 
for accumulated vacation leave benefits that are not calculated on 
the same formula used for determining payment for accumul ated 
vacation leave benefits for other twelve -month full-time employees 
of that school district. 
E. By October 1 of each year each district board of education 
shall prepare a schedule of salaries and fringe benefits paid 
administrators employed by the dis trict, including a description of 
the fringe benefits.  The s chedule shall be a public record and 
shall be disclosed as required by the Oklahoma Open Records Act. 
The board shall file a copy of the s chedule with the State 
Department of Education within on e week of completion. 
F. For purposes of this section the te rm “administrator” shall 
include employees who are employed and certified as superintendents, 
assistant superintendents, principals, and as sistant principals and 
who have responsibilities for sup ervising classroom teac hers. 
SECTION 3.     AMENDATORY     70 O.S. 2021, Section 5 -141.2, is 
amended to read as follows: 
Section 5-141.2. A.  In addition to incentive pay plans 
authorized pursuant to Section 4 of this act , the The State Board of 
Education shall develop not fewer than five differen t model 
incentive pay plans and shall distribute information abo ut each plan   
 
 
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to every school district board of education.  No plan develope d by 
the Board or implemented by a school district board of education 
shall permit payment in any one (1) year of inc entives to any one 
teacher amounting to more than fifty percent (50%) of the regular 
salary of the teacher, exclusive of fringe benefits or extra duty 
pay.  Any incentive pay award shall be an annual award and shall no t 
be a part of a continuing contract of a teacher.  Any incentive pay 
awards received shall be exclude d from the compensation of a teacher 
for purposes of calculating retirement pursuant to the Teachers’ 
Retirement System of Oklahoma and shall not be subje ct to taxes 
levied by the Federal Insu rance Contributions Act (F.I.C.A.), to the 
extent an exemption is provided by federal law. 
B.  A school district board of education may ado pt an 
academically based, district incentive pay plan for the classroom 
teachers in the district.  The district may a dopt any incentive pay 
plan consistent with the requirements of this section, which may 
include any incentive pay plan developed by the Sta te Board of 
Education pursuant to this section.  The school district board of 
education shall appoint an advisory com mittee consisting of 
teachers, parents, business persons or farm ers, and other local 
citizens to advise the board in formulating an incenti ve pay plan.  
Prior to the adoption of a plan, the board of education shall pla ce 
the plan on the school board agenda for public comment and shall 
submit the plan to the State Board of Education for final approval   
 
 
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on or before March 1 prior to implementati on of the plan during the 
succeeding school year .  The board of education shall comply with 
the provisions of this su bsection for any year a plan is to be 
modified. 
C.  A school district shall be required to adopt and i mplement 
an academically based, distr ict incentive pay plan for any school 
year following the receipt by the school district board of 
education, of a peti tion signed by twenty percent (20%) of the 
classroom teachers emp loyed in the district which calls for the 
adoption of an incentive pay pla n for the district. 
D.  Student test scores shall not be the sole criterion for 
allocation of incentive pay under any plan developed or approved by 
the Board. 
E.  For the purposes of this section only, “classroom teacher” 
shall mean any employee who holds certification and assignment 
outside the classification of administrator. 
F.  The State Board of Education shall prom ulgate rules 
necessary for the effective implementation and admin istration of 
this section. 
G.  Each school district board of education sha ll provide for a 
local evaluation committee which shall advise the board on whi ch 
teachers are to receive incentive p ay awards and the amount of each 
incentive pay award according to the plan.   
 
 
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H.  Nothing herein shall p reclude a school district from 
supplementing any monies appropriated to the district for the 
purposes of funding the incentive pay plan of the district with 
monies from the general fund for the district. 
SECTION 4.     AMENDATORY     70 O.S. 2021, Section 5-141.4, is 
amended to read as follows: 
Section 5-141.4. A.  1.  In addition to incentive pay pl ans 
authorized pursuant to Section 5 -141.2 of this title, beginning with 
the 2012-13 school year, a school district may implement an 
incentive pay plan that rewards teachers who are increasing student 
and school growth in achievement. 
2.  Teacher performan ce shall be measured using the Oklahoma 
Teacher and Leader Effectiveness Evaluation System (TLE) as set 
forth in Section 6-101.16 of this title. 
3.  Individual teacher incentive pay awards shall be based upon: 
a. achieving either a “superior” or “highly effective” 
rating under the TLE, and 
b. grade level, subject area, or school level performance 
success. 
B.  1.  Beginning with the 2012 -13 school year, a school 
district may implement an incentive pay plan as authorized pursuant 
to this section.   
 
 
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2.  For purposes of this section, “leader” means a principal, 
assistant principal or any other school administrator who is 
responsible for supervising classroom teachers. 
3.  School leader effectiveness shall be measured using the 
Oklahoma Teacher and Leader Effective ness Evaluation System (TLE) as 
set forth in Section 6-101.16 of this title. 
4.  Individual school leader incentive pay awards shall be bas ed 
upon: 
a. achieving either a “superior” or “highly effective” 
rating under the TLE, and 
b. grade level, subject are a, or school level performance 
success. 
C.  Incentive pay plans implemented pursuant to subsections A 
and B of this section shall be develo ped through a collaborative 
planning process involving stakeholders, including teachers and 
school leaders. 
D.  In addition to individual teacher and leader incentive pay 
plans, as authorized pursuant to this section, School districts may 
develop and implement incentive pay systems for: 
1.  Teaching in critical shortage subject areas including , but 
not limited to, foreign language; 
2.  Teachers and leaders wh o work in schools identified as in 
need of improvement as determined by the State Board of Education;   
 
 
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3.  Teaching in the subject areas of Science science, Technology 
technology, Engineering engineering, and Math mathematics (STEM); or 
4.  Teachers and lea ders who work in schools or school districts 
designated by the State Board of Education as hard -to-staff. For 
purposes of this section, “leader” means a principal, assistant 
principal, or any other school administrat or who is responsible for 
supervising classroom teachers. 
E. B.  1.  Prior to implementation of any incen tive pay plan 
developed pursuant to this section, the school district bo ard of 
education shall place the plan on the agenda for public comment at a 
meeting of the district board of education . 
2.  After approval of the incentive pay plan, the school 
district board of education shall submit th e plan to the State Board 
of Education for final approval.  Within sixty (60) days of receipt 
of the plan, the Stat e Board shall review and approve or rej ect the 
plan.  If it is determined that the plan meets the require ments of 
this section, the State Boa rd shall approve the plan.  If the p lan 
does not meet the requirements of this section, the State Board 
shall reject the plan and provide written notifica tion to the school 
district board of education along with the grou nds for rejection. 
3.  The district board of education shall comply with the 
provisions of this subsection for any year a plan is to be modified. 
F. C.  Any incentive pay award shall be an a nnual award and 
shall not be a part of a continuing contract for an e mployee.  Any   
 
 
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incentive pay award to any teacher or leader shall not exceed more 
than fifty percent (50%) of the regular salary of the teacher or 
leader, exclusive of fringe benefits or e xtra duty pay.  Any 
incentive pay awards received shall be excluded f rom compensation 
for purposes of calculating retirement pursuant to t he Teachers’ 
Retirement System of Oklahoma and shall not be subject to taxes 
levied by the Federal Insurance Contribut ions Act (F.I.C.A.), to the 
extent such exemption is provided by fede ral law. 
SECTION 5.     AMENDATORY     70 O.S. 2021 , Section 6-101.3, is 
amended to read as follows: 
Section 6-101.3. As used in Section 6-101 et seq. of this 
title: 
1. “Administrator” means a duly certified person who devotes a 
majority of time to service as a superin tendent, elementary 
superintendent, principal, supervisor, vice principal , or in any 
other administrative or superv isory capacity in the school district; 
2.  “Dismissal” means the discontinuance of the teaching service 
of an administrator or teacher during the term of a written 
contract, as provided by law; 
3.  “Nonreemployment” means the nonrenewal of the contract of an 
administrator or teacher upon expira tion of the contract; 
4.  “Career teacher” means a teacher who: 
a. is employed by a school district pr ior to the 2017-
2018 school year and has completed three (3) or more   
 
 
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consecutive complete school years as a teacher in one 
school district under a written continuing or 
temporary teaching contract , or 
b. is employed for the first time by a school district 
under a written continuing or tempor ary teaching 
contract during the 2017 -2018 school year and 
thereafter: 
(1) has completed three (3) consecutive complet e 
school years as a teacher in one school district 
under a written continuing or temporary teaching 
contract and has achieved a district e valuation 
rating of “superior” as measured pursuant to the 
TLE as set forth in Section 6-101.16 of this 
title for at least two (2) of the three (3) 
school years, 
(2) has completed four (4) consecutive complete 
school years as a teacher in one school distri ct 
under a written continuing or temporar y teaching 
contract, has averaged a di strict evaluation 
rating of at least “effective” as measured 
pursuant to the TLE for the four -year period, and 
has received district evaluati on ratings of at 
least “effective” for the last two (2) years of 
the four-year period, or   
 
 
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(3) has completed four (4 ) or more consecutive 
complete school years in one school district 
under a written continuing or temporary teaching 
contract and has not met the requirements of 
subparagraph a or b of this paragraph, only if 
the principal of the school at which the teacher 
is employed submits a petition to the 
superintendent of the school district requesting 
that the teacher be granted career status, the 
superintendent agrees with the petition, a nd the 
school district board of education approves the 
petition.  The principal shall specify in the 
petition the underlying facts supporting the 
granting of career status to the teacher ; 
5.  “Teacher hearing” means the hearing before a school district 
board of education after a recommendation fo r dismissal or 
nonreemployment of a te acher has been made but before any fina l 
action is taken on the recommendation, held for the purpose of 
affording the teacher all rights guar anteed by the United States 
Constitution and the Constitution of Oklahoma und er circumstances 
and for enabling the board to determine whether to approve o r 
disapprove the recommendation; 
6.  “Probationary teacher ” means a teacher who:   
 
 
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a. is employed by a school district prior to the 2017 -
2018 school year and has completed fewer tha n three 
(3) consecutive complete schoo l years as a teacher in 
one school district under a written teaching contract , 
or 
b. is employed for the first time by a school district 
under a written teaching contract during the 2017-2018 
school year and thereafter and has not met the 
requirements for career teacher as provided in 
paragraph 4 of this section; 
7.  “Suspension” or “suspended” means the temporary 
discontinuance of the services of an administrator or teacher, as 
provided by law; and 
8.  “Teacher” means a person defined as a teacher has the same 
meaning as provided for in Section 1-116 of this title; and 
9.  “District evaluation rating ” means the rating issued based 
on the components of the TLE as set forth in subs ection B of Section 
6-101.16 of this title . 
SECTION 6.     AMENDATORY     70 O.S. 20 21, Section 6-101.10, is 
amended to read as follows: 
Section 6-101.10. A.  Each school district board of education 
shall may maintain and annually review , following consultation with 
or involvement of representatives selected by local teachers, a 
written policy of evalua tion and corresponding professional   
 
 
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development for all teachers and administrators.  In those school 
districts in which there exists a pr ofessional negotiations 
agreement made in accordance with Section 509.1 et seq. of this 
title, the procedure for evalu ating members of the negotiations unit 
and any standards of performance and conduct proposed for adopt ion 
beyond those established by the State Board of Education shall be 
negotiable items.  Nothing in this sec tion shall be construed to 
annul, modify, or to preclude the renewal or continuing of any 
existing agreement heretofore entered into between any sch ool 
district and any organizational representative of its employees.  
Every A school district policy of evaluation adopted by a board of 
education shall may: 
1.  Be based upon a set of minimum criteria developed by the 
State Board of Education, which shall be revised and based upon the 
Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) 
developed by the State Board of Education as provided in Section 6-
101.16 of this title.  The revisions to each policy of evaluation 
shall be phased in accordi ng to the following schedule: 
a. for the 2014-2015, 2015-2016 and 2016-2017 school 
years, the evaluation rating of teachers and 
administrators shall be ba sed on the qualitative 
component of the TLE.  For the 2016 -2017 school year, 
the State Department of E ducation shall work with 
school districts to develop individualized programs of   
 
 
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professional development as describ ed in subsection B 
of this section.  Ho wever, nothing in this 
subparagraph shall preclude a school district with an 
average daily attendance of more than thirty-five 
thousand (35,000) from continuing to use quantitative 
components which the district has in corporated at its 
own expense prior to the 2015-2016 school year into 
its evaluation system of teachers and administrators, 
as defined by the district’s written policy, 
b. for evaluations of teachers and administrators 
conducted during the 2017 -2018 school year, and each 
school year thereafter, school districts shall 
incorporate and put into operation the qualitative 
component of the TLE as pro vided for in subsection B 
of Section 6-101.16 of this title into the evaluations 
used in all school sites within th e district.  For the 
2017-2018 school year, and each school year 
thereafter, teachers and administrators shall receive 
a district evaluation rating based on the components 
of the TLE as set forth in subsection B of Section 6 -
101.16 of this title.  For the 2017-2018 school year, 
school districts shall incorporate the individualized 
programs of professional development as described in   
 
 
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subsection B of this section on a pilot program basis, 
and 
c. for evaluations of teachers and administrators 
conducted during the 2018-2019 school year, and each 
school year thereafter, school districts shall fully 
incorporate and put into operation the individualize d 
programs of professional developme nt as described in 
subsection B of this section school district board of 
education; 
2.  Be prescribed in writing at th e time of adoption and at all 
times when amendments to the policy are adopted.  The original 
policy and all amendments to the policy shall be promptly made 
available to all persons subject to the policy; 
3.  Provide that all evaluations be made in writing and that 
evaluation documents and responses thereto be maintained in a 
personnel file for each evaluat ed person; 
4.  Provide that every pr obationary teacher receive formative 
feedback from the evaluation process at le ast two times per school 
year, once during the fall semester and once during the spring 
semester; 
5.  Provide for the development of a focuse d and individualized 
program of professional development for the teacher or 
administrator;   
 
 
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6. Provide that every teacher be evaluated once every year, 
except for career teachers receiving a district evaluation rating of 
“superior” or “highly effective” under the TLE who may be evaluated 
once every three (3) years for the frequency of evaluation of 
teachers and administrators; and 
6. 7.  Provide that, except for the evaluation of 
superintendents of independent and elementary school districts and 
superintendents of area school districts who shall be evaluated by 
the school district board of education , all and the evaluation of 
certified personnel shall be evaluated by a principal, assistant 
principal, designee of the principal, supervisor, content expert, 
department chair, peer committee , or other trained persons or groups 
of persons designated by the school district boar d of education. 
B.  1.  Every policy of professional development adopted by a 
school district board of education shall provide for the develo pment 
of a focused and individualize d program of professional development 
for the teacher or administrator that is consistent with the 
qualitative component of the TLE.  The policy of professional 
development shall: 
a. establish an annual professional grow th goal for the 
teacher or administr ator that is developed by the 
teacher or administrator in collaboration with th e 
evaluator,   
 
 
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b. be tailored to addre ss a specific area or criteria 
identified through the qualitative component of the 
TLE, 
c. allow the teacher or administrator to actively eng age 
with learning practices that are evidence -based, 
researched practices that are correlated with 
increased student achievement, and 
d. be supported by resources that are easily available 
and supplied by the school dist rict and the State 
Department of Education. 
2.  School districts shall monitor compliance with each 
individualized program of professional development implemented 
pursuant to this subsection.  All professional development completed 
pursuant to an individua lized program of professional develo pment 
shall count toward the total number of points a teacher or 
administrator is required to complete as establish ed by a school 
district board of education pursuant to Section 6 -194 of this title.  
The implementation o f the individualized program of prof essional 
development required by this subsection shall not be construed as 
increasing the professional development points requirements. 
3.  Individualized programs of professional development required 
by this subsection may include but are not limited to t he following 
learning practices: 
a. presenter-led workshops,   
 
 
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b. individual or faculty studies of books, scholarly 
articles and video productions, 
c. peer observations, 
d. committee studies to address student achievement 
issues, 
e. work related to a specifi c subject area or areas 
associated with obtaining an advanced degree or 
professional certification, 
f. action research projects designed to improve student 
achievement, and 
g. participation in local, regional or state in itiatives 
associated with the develo pment or implementation of 
curriculum standards. 
C.  All individuals designated by the school district board of 
education to conduct the personnel evaluations shall be required to 
participate in training conducted by the State Department of 
Education or training provided by the school district using 
guidelines and materials developed by the State Department of 
Education prior to conducting evaluations. 
D. The State Department of Education shall may develop and 
conduct workshops pursuant to statewide criter ia which train 
individuals in conducting evaluations. 
E.  The State Board of Ed ucation shall monitor compliance with 
the provisions of this section by school districts.   
 
 
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F.  The State Board of Education shall study contin ued 
implementation of the TLE to pro duce a system that promotes 
reflection and professional growth for teachers and leaders. 
G.  Refusal by a school distr ict to comply with the provisions 
of this section shall be grounds for withholding State Aid funds 
until compliance occurs. 
H. C.  Data collected pursuant to this section pursuant to a 
school district’s evaluation policy shall not be subject to the 
Oklahoma Open Meeting Act or the Oklahoma Open Records Act. 
SECTION 7.     AMENDATORY     7 0 O.S. 2021, Section 6 -101.11, is 
amended to read as follows: 
Section 6-101.11. Whenever any evaluation is made of a teacher 
or administrator pursuant to the provisions of Section 6 -101.10 of 
this title, a true copy of the evaluation shall be presented to the 
person evaluated, who shall ack nowledge the written evaluation by 
signing the original.  Within two (2) weeks after the evaluation, 
the person evaluated may respond and said response shall be made 
part of the record.  Except by order of a court of com petent 
jurisdiction, evaluation docu ments and the responses thereto shall 
be available only to the evaluated person , the board of education, 
the administrative staff making the evaluation, the board and 
administrative staff of any school to which such eval uated person 
applies for employment , and such other persons as are specified by 
the teacher in writing and shall be subject to disclosure at any   
 
 
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hearing involving a teacher or administrator ’s dismissal or 
nonrenewal from employment.  Data collected pursuan t to Section 6-
101.10 shall be avail able to authorized representatives of the State 
Department of Education and its contracting designees who must be 
contractually bound to the Department to maintain confidentiality of 
all information received from the Dep artment when such evaluation 
data is used by the Department for data collection/analysis purposes 
under the Oklahoma Teacher and Leader Effectiveness Eval uation 
System, and such other persons as are specified by the teacher in 
writing and shall be subject to disclosure at any hearing involvi ng 
a teacher or administrator’s dismissal or nonrenewal from 
employment. 
SECTION 8.     AMENDATORY    70 O.S. 2021, Section 6 -101.13, is 
amended to read as follows: 
Section 6-101.13. A.  Whenever the school district board of 
education or the administration of a school district shall determine 
that the dismissal or nonreemployment of a full -time certified 
administrator from the administrative position within the school 
district should be effected, the a dministrator shall be entitled to 
the following due process procedures: 
1.  A statement shall be submitted to the a dministrator in 
writing prior to the dismissal or nonreemployment which states the 
proposed action, lists the reasons for effecting the actio n, and   
 
 
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notifies the administrator of his or her right to a hearing before 
the school district board of education pr ior to the action; and 
2.  A hearing before the school district board of education 
shall be granted upon the request of the administrator pri or to the 
dismissal or nonreemployme nt.  A request for a hearing shall be 
submitted to the board of education not l ater than ten (10) days 
after the administrator has been notified of the proposed action. 
B.  Failure of the administrator to request a heari ng before the 
school district board of education within ten (10) days after 
receiving the written statement shall c onstitute a waiver of the 
right to a hearing.  No decision of the board of education 
concerning the dismissal or nonreemployment of a full -time certified 
administrator shall be effective until the administrator has been 
afforded due process as specified in this section.  The decisio n of 
the school district board of education concerning the dismissal or 
nonreemployment, following the hearing, sh all be final. 
C.  Beginning with the 2017-2018 school year and thereafter, a 
principal who has received district ev aluation ratings of 
“ineffective” as measured pursuant to the TLE as set forth in 
Section 6-101.16 of this title for two (2) consecutive scho ol years 
may be dismissed or not ree mployed by the school district, subject 
to the due process procedures of this s ection. 
SECTION 9.    AMENDATORY     70 O.S. 2021, Section 6 -101.22, is 
amended to read as follows:   
 
 
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Section 6-101.22. A.  Subject to the provisions of the Te acher 
Due Process Act of 1990, a career teacher may be dismissed or not 
reemployed for: 
1.  Willful neglect of duty; 
2.  Repeated negligence in performance of duty; 
3.  Mental or physical abuse to a child; 
4.  Incompetency; 
5.  Instructional ineffectivenes s; 
6.  Unsatisfactory teaching performance; 
7.  Commission of an act of moral t urpitude; or 
8.  Abandonment of contrac t. 
B.  Subject to the provisions of the T eacher Due Process Act of 
1990, a probationary teacher may be dismissed or not reemployed for 
cause. 
C.  During the 2017-2018 school year and thereafter: 
1.  A career teacher w ho has received a district evaluation 
rating of “ineffective” for two (2) consecutive school years shall 
be dismissed or not reemployed on th e grounds of instructional 
ineffectiveness by the school district, subject to the provisions of 
the Teacher Due Process Act of 1990.  However, the superin tendent 
may recommend and the school dist rict board of education may approve 
continued employment of t he teacher; and 
2.  A career teacher who has received a district evaluation 
rating of “needs improvement” or lower for three (3) consecutive   
 
 
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school years may be dismissed or not reemployed on the grounds of 
instructional ineffectiveness by the school distr ict, subject to the 
provisions of the Teacher Due Process Act of 1990. 
D.  During the 2017-2018 school year and the reafter: 
1.  A probationary teacher who has received a district 
evaluation rating of “ineffective” as measured pursuant to the TLE 
for two (2) consecutive school years may be di smissed or not 
reemployed by the school district subject to the provisions of t he 
Teacher Due Process Act of 1990; and 
2.  A probationary teacher who has not a ttained career teacher 
status within a four -year period may be dismissed or not reemployed 
by the school district, subject to the provisions of the Teacher Due 
Process Act of 1990. 
E. A teacher shall be dismissed o r not reemployed, unless a 
presidential or gubernatorial pardon has been issued, if during the 
term of employment the teacher is convicted in this state, the 
United States, or another state of: 
1.  Any sex offense sub ject to the Sex Offenders Registration 
Act in this state or subject to another st ate’s or the federal sex 
offender registration provisions; o r 
2.  Any felony offense. 
F. D.  A teacher may be dismissed, refused employment , or not 
reemployed after a finding that such person has engaged in acts th at 
could form the basis of criminal charges su fficient to result in the   
 
 
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denial or revocation of a cert ificate for a reason set forth in 
subparagraph a of paragraph 6 of Section 3 -104 of this title. 
G. E.  As used in this section, “abandonment of contract ” means 
the failure of a teacher to report at the b eginning of the contract 
term or otherwise perform th e duties of a contract of employment 
when the teacher has accepted other employment or is performing work 
for another employer that prevents the teacher f rom fulfilling the 
obligations of the contract of employment. 
H. F.  A school district shall notify th e State Board of 
Education within ten (10) days of the dismissal or nonreemployment 
of a probationary or career tea cher for reasons outlined in 
subsection F D of this section. 
SECTION 10.     AMENDATORY     70 O.S. 2021, Section 6 -101.23, 
is amended to read as follows: 
Section 6-101.23. A.  The dismissal, suspension , and 
nonreemployment provisions of the Teacher Due Process Act of 1990 
shall not apply to: 
1.  Substitute teachers; 
2.  Adult education teachers; and 
3.  Teachers who are emplo yed on temporary contracts. 
B.  The dismissal and suspension provisions of the Teacher Due 
Process Act of 1990 shal l apply to teachers who are employed on 
temporary contracts for a complete school year and to teachers who 
are employed in positions fully fu nded by federal or private   
 
 
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categorical grants, except that such teachers shall be employed only 
for the duration of the temporary contract or the grant. 
C.  The evaluation provisions in Sections 6 -101.10 and 6-101.11 
of this title and in the Teacher Due Pr ocess Act of 1990 shall apply 
to teachers who are employed on temporary contracts for a complete 
school year and to teachers who are employed in positions fully 
funded by federal or private categorical grants, except that such 
teachers shall be employed on ly for the duration of the temporary 
contract or the grant. 
D. Teachers other than those specifically excepted in 
subsection A of this section who are em ployed on contracts shall be 
afforded all substantive and procedural rights set forth in the 
Teacher Due Process Act of 1990 including the dismissal, suspension, 
and nonreemployment provisions applicable to probationa ry or career 
teachers as defined in Sec tion 6-101.3 of this title. 
E. D. On and after the effective date of this act any teacher 
who has worked a complete school year under a t emporary contract in 
a school district shall be granted a year of service credi t toward 
career status in that district . 
F. E.  No teacher shall be hired on a temporary contract by a 
school district for more than four sem esters or on multiple 
temporary contracts by a school district that together are for more 
than four semesters, exce pt for a:   
 
 
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1.  Teacher hired to replace a teacher who is on an approved 
leave of absence and who is expected to return to employment with 
the school district; or 
2.  Teacher who is a retired member of the Teachers ’ Retirement 
System of Oklahoma. 
G. F. No teacher shall be offered a temporary con tract with a 
school district without a full written disclosure at the time a 
position is offered by th e administration of the school distr ict 
which sets forth the terms and conditions of the temporary contract.  
In the event the school district fails to pr ovide such written 
disclosure, the teacher shall be considered as employed on a 
continuing contract ba sis. 
H. G.  On and after the effecti ve date of this act no teacher 
who is employed on a continuing contract basis b y a school district 
shall be reemployed on a temporary contract in that school district. 
SECTION 11.     AMENDATORY     70 O.S. 2021, Section 6-101.24, 
is amended to read as follows: 
Section 6-101.24. A.  Upon full implementation of the O klahoma 
Teacher and Leader Effectivenes s Evaluation System (TLE) as set 
forth in Section 6-101.10 of this title, when a teacher receives a 
rating as measured pursuant to the TLE as set forth in Section 6-
101.16 of this title that may lead to a recommendati on for the 
dismissal or nonreemployment of the teacher or when When an 
administrator who has the responsibility of evaluating a teacher   
 
 
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under an evaluation policy adopted pursuant to Section 6-101.10 of 
this title identifies poor performance or conduct tha t the 
administrator believes may lead t o a recommendation for the 
dismissal or nonreemployment of the teacher, the administrator 
shall: 
1.  Admonish the teacher, in writing, and make a reasonable 
effort to assist the tea cher in correcting the poor performa nce or 
conduct; and 
2.  Establish a reasonable time for improvement, not to exceed 
two (2) months, taking into consideration the rating on the 
evaluation or the nature and gravi ty of the performance or conduct. 
B.  If the teacher does not correct the poor performance or 
conduct cited in the adm onition within the time specified, the 
administrator shall may make a recommendation to the superinten dent 
of the school district for the dismissal or nonreemployment of the 
teacher. 
C. Whenever a member of the board of education, superintendent, 
or other administrator identifies poor performance or conduct that 
may lead to a recommendation for dismissal or nonreemployment of a 
teacher within the district, the administrator who has 
responsibility for evaluation of the teacher under an evaluation 
policy adopted pursuant to Section 6 -101.10 of this title shall be 
informed, and that administrator shall comply with the procedures 
set forth in this section.  If the administrator fails or refuses to   
 
 
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admonish the teacher with in ten (10) days after being so informe d by 
the board, superintendent, or other administrator, such board, 
superintendent, or other administrator shall admonish the teacher 
pursuant to the provisions of this section. 
D.  Repeated negligence in performance of duty, willful neglect 
of duty, incompetency, instructional ineffectiveness , or 
unsatisfactory teaching performance , for a career teacher , or any 
cause related to inadequate t eaching performance for a probationary 
teacher, shall not be a basis for a reco mmendation to dismiss or not 
reemploy a teacher unless and until the provisions of this section 
have been complied with. 
SECTION 12.     AMENDATORY     70 O.S. 2021, Section 6-190, is 
amended to read as follows: 
Section 6-190. A.  The board of education of each school 
district shall employ and contract in writing, as required in 
Section 6-101 of this title, only with persons c ertified to teach by 
the State Board of Education in accordance with the Oklahoma Teacher 
Preparation Act, except a s otherwise provided for by 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 th e teacher education program 
required by the Commission for Educational Quality an d 
Accountability;   
 
 
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2.  Has graduated fro m an accredited institution of higher 
education that has approval or accreditation for teacher educati on; 
3.  Has met all other requirem ents as may be established by the 
Board; 
4.  Has made the necessary application a nd paid the competency 
examination fee in an amount and as prescribed by the Commission; 
5.  Has successfully completed the competency examin ation 
required in Section 6 -187 of this title; and 
6.  Beginning November 1, 2001, has on file with the Board a 
current Oklahoma criminal history record f rom 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 recor d, the 
Board may issue a temporary cert ificate which shall be effective 
until receipt of the national fingerprint -based criminal history 
record.  The person applying for a cer tificate shall be responsible 
for the cost of the criminal history records. 
C.  The Board shall issue a certificate to t each to any person 
who: 
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;   
 
 
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3.  Holds an out-of-country certificate and meets the 
requirements set forth in subsection F of this section; or 
4.  Has successfully complet ed a competency examination used i n 
the majority of other states or comparable customized exam and meets 
the requirements set forth in subsection H of thi s section. 
D.  Beginning July 1, 2004, any person applying for initial 
Oklahoma certification shall ha ve on file with the Board a curren t 
Oklahoma criminal history record from the Oklahoma State Bureau of 
Investigation as well as a national criminal histor y record check as 
defined in Section 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 receip t of 
the national fingerprint -based criminal history record.  The person 
applying for a certificate shall be responsible for the cost of the 
criminal history records. 
E.  Any person holding a valid certificate, issued prior to 
January 1, 1997, shall be a c ertified teacher for purposes of the 
Oklahoma Teacher Preparation Act, subject to any professional 
development requirements prescribed by the Oklahoma Teacher 
Preparation Act or by the State Board of Education. 
F.  1.  The Board shall issue a certificate t o teach to a person 
who holds a valid out-of-country certificate and meets any 
requirements established by the Board.  The certificate to tea ch 
shall only be for those subject areas and grade levels most closely   
 
 
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aligned to the subject areas and grade level s recognized on the out -
of-country certificate. 
2.  A person who meets the requirements of paragraph 1 of this 
subsection shall not be requir ed to take any competency examinat ions 
in those subject areas and grade levels most closely aligned to the 
subject areas and grade levels recognized on th e out-of-country 
certificate. 
3.  A person who meets the requirements of paragraph 1 of this 
subsection shall have on file with the Boar d a current Oklahoma 
criminal history record check from the Oklahoma State Bureau of 
Investigation as well as a national criminal history record check as 
defined in Section 150.9 of Title 74 of the Oklahoma Statutes.  Upon 
receipt of the Oklahoma criminal history record check, the Board may 
issue a temporary certificate which shall be effective until receipt 
of the national fingerprint-based criminal history record check.  
The person applying for a certificate shall be resp onsible for the 
cost of the criminal history record checks. 
4.  The Board shall promulgate rules establishing a pro cess by 
which out-of-country certificates will be reviewed and evaluated for 
purposes of awarding a certificate to teach pursuant to this 
subsection. 
G.  1.  The Board shall i ssue 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   
 
 
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closely aligned to the subject areas and grade level s 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 grade levels recognized on the out-of-state 
certificate. 
3.  A person who meets the requirements of this su bsection shall 
have on file with the Bo ard a current Oklahoma criminal history 
record check from the Oklahoma State Bureau of Investigation a s well 
as a national criminal hist ory 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 rec eipt 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. 
H.  1.  The Board shall issue a certificate to teach to a person 
who has successfully completed a competency exam used in a majority 
of the other states.  The certificate to teach shall onl y be for 
those subject areas and grade levels that correspond with a 
certification area used in Oklahoma. 
2.  A person who meets the requirem ents of paragraph 1 of this 
subsection shall have on file with the Board a current Oklahoma   
 
 
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criminal history record check from the Oklahoma State Bureau o f 
Investigation as well as a national criminal history record check as 
defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes.  U pon 
receipt of the Oklahoma criminal history record check, the Board may 
issue a temporary certificate which shall be ef fective until receipt 
of the national fingerprint -based criminal history record check.  
The person applying for a certificate shall be r esponsible for the 
cost of the criminal history record checks. 
I.  The Board shall issue a lead teaching certificate to any 
person who upon application: 
1.  Has successfully completed the requirements of this 
subsection; 
2.  Has a minimum of five (5) years of experience as a teacher; 
3.  Participates in a meaningful individualized prog ram of 
professional development, as pro vided 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. 3. May have a teaching load of not more than seventy -five 
percent (75%) student instruction to allow t he teacher to mentor 
other teachers. 
J.  1.  The Board shall issue a master teaching certificate to 
any person who upon application:   
 
 
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a. has successfully completed the requirements of this 
subsection, and 
b. has a minimum of seven (7) years of experience 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 B oard certification from the 
National Board for Professional Teaching 
Standards. 
2.  Teachers with a master teaching certificate may assum e 
leadership roles that include but are not limited to: 
a. the planning and delivery of professional development 
activities designed to improve instructio nal 
strategies, 
b. the facilitation of an instructional leadership team 
within the building or school district in which 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 t o spend time on:   
 
 
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a. co-teaching, 
b. co-planning, 
c. peer reviews, and 
d. other duties mutually agreed upon by the 
superintendent and the master teacher , and may be used 
to satisfy the qualitative evaluation component for 
teachers as required by Section 6 -101.16 of this title 
by performing the duties set forth in this paragraph . 
K.  The State Board of Education shall a dopt rules to implement 
a renewal schedule and associated fees for lead and master teaching 
certificates.  The rules shall allow a teacher tha t no longer meets 
the requirements of a lead or master teaching certificate to make 
application for the standard t eaching certificate. 
L.  The terms of the contracts issued to those holding lead and 
master teaching certificates shall include the following: 
1.  Lead: an additional ten (10) days to be used to strengthen 
instructional leadership.  A person with a lead t eaching certificate 
shall receive an annual salary supplement 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; and 
2.  Master:  an additional fifteen (15) days to be used to 
strengthen leadership.  A person with a master teaching certifica te 
shall receive an annual salary supplement of at least Five Thousand   
 
 
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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. 
If a person with a lead or master teaching certificate changes 
school districts dur ing the life of the certificate, th e terms of 
the contracts 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 teaching 
certificate described in this sectio n shall make application for the 
following school year with the State Board of Education.  The 
application shall include a recommendation from the local school 
district board of education and determination that the applicant has 
met the statutory criteria.  In reviewing an application, the local 
school district board of education and the superintendent shall 
consider the ability of the scho ol district to fulfill the 
additional requirement s described in subsections I and J of this 
section before making a rec ommendation to the State Board of 
Education. 
2.  The State Department of Education shall develop an 
application to implement the provisio ns of this subsection and make 
it available to school districts. 
N.  Beginning in the 2021 -2022 school year, the Depart ment shall 
make the teaching certif icates provided for in this section 
available for any person who has received a recommendation from   
 
 
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their local school district board of education and w ho meets the 
eligibility criteria. 
O.  For the 2019-2020 and 2020-2021 school years, the Department 
shall identify school districts to implement the teaching 
certificates provided for in this section on a p ilot program basis 
with the assistance of public -private partnerships, funding from 
philanthropic organizations , or federal grants. 
P.  The Department sha ll seek funding necessary for the 
administration of this section.  If funding for the administration 
of the teaching certificates listed in subsections I and J is not 
available, the Department shall not be required to ful fill the 
requirements listed in sub sections L, M, N, and O of this section. 
Q.  The State Board of Education shall promulgate rules to 
implement the provisions of this act. 
SECTION 13.    REPEALER     70 O.S. 2021, Sections 6-101.16 and 
6-101.31, are hereby repealed. 
SECTION 14.  This act shall become effective July 1, 2022. 
SECTION 15.  It being immediately necessary for the preser vation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof thi s act shall take effect and 
be in full force from and after its passage and approv al. 
 
58-2-2867 EB 1/20/2022 9:21:09 AM