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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1535 By: Pugh of the Senate
and
Osburn of the House
COMMITTEE SUBSTITUTE
[ teachers - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. 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 princi pal, or in any
other administrative or superv isory capacity in the school d istrict;
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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 up on expiration 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
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 temporary teaching
contract during the 2 017-2018 school year and
thereafter:
(1) has completed three (3) consecutiv e complete
school years as a teacher i n one school district
under a written continuing or temporary teaching
contract and has achieved a dist rict evaluation
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,
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(2) has completed four (4) consecutive complete
school years as a teacher in one school district
under a written continuing or t emporary 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
(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 petitio n to the
superintendent of the school district requesting
that the teacher be granted career status, the
superintendent agrees with the petit ion, and the
school district board of ed ucation approves the
petition. The principal shall specify in the
petition the underlying facts supporting the
granting of career status to the teacher ;
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5. "Teacher hearing" means the hearing before a school distri ct
board of education after a recommenda tion for dismissal or
nonreemployment of a te acher has been made but before any final
action is taken on the reco mmendation, held for the purpose of
affording the teacher all rights guar anteed by the United States
Constitution and the Constitution of Oklah oma under circumstances
and for enabling the board to determine whether to approve or
disapprove the recommendati on;
6. "Probationary teacher " means a teacher who:
a. is employed by a school district prior to the 20 17-
2018 school year and has completed fewer than 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 teache r, as
provided by law;
8. "Teacher" means a person defined as a teacher has the same
meaning as provided for in Section 1-116 of this title; and
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9. "District evaluation rating " means the rating issued based
on the components of the TLE as set forth in s ubsection B of Section
6-101.16 of this title.
SECTION 2. AMENDATORY 7 0 O.S. 2021, Section 6-101.11, is
amended to read as foll ows:
Section 6-101.11 Whenever any evaluation is made of a teacher
or administrator, 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 evalua ted 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 sh all
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 spe cified by
the teacher in writing and shall be subject to disclosure at any
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 c ollection/analysis purposes
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under the Oklahoma Teacher and Leader Effectiveness Eval uation
System, and such other persons as are specified by the teache r in
writing and shall be subject to disclosure at any hearing involvi ng
a teacher or administrator 's dismissal or nonrenewal from
employment.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -101.16, is
amended to read as follows:
Section 6-101.16 A. By December 15, 2011, the State Board of
Education shall adopt a new statewide system of evalua tion to be
known as the Oklahoma Teacher and Leader Effectiveness Evaluation
System (TLE). The Board shall work cooperatively with school
districts to incorporate the components of the TLE in all school
districts by the 2017 -2018 school year as provided for in Section 6-
101.10 of this title.
B. The TLE shall include the following co mponents:
1. Annual evaluations that provide feedback to imp rove student
learning and outcomes, except as provided for in subsection C D of
this section;
2. A five-tier district evaluation rating system as follows:
a. superior,
b. highly effective,
c. effective,
d. needs improvement, and
e. ineffective;
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3. An evidence-based qualitative assessment tool for the
teacher qualitative portion of the TLE that will include observable
and measurable characteristics of personnel and classroom practices
that are correlated to student performance success, including, but
not limited to:
a. organizational and classroom management skills,
b. ability to provide effective instruction,
c. focus on continuous improvement and professional
growth,
d. interpersonal skills, and
e. leadership skills;
4. An evidence-based qualitative asse ssment tool for the leader
qualitative portion of the TLE that will include observable and
measurable characteristi cs of personnel and site management
practices that are correlated to student perfo rmance success,
including, but not limited to:
a. organizational and school management, including
retention and development of effective teachers and
dismissal of ineffective teachers,
b. instructional leadership,
c. professional growth and responsibility,
d. interpersonal skills,
e. leadership skills, and
f. stakeholder perceptions;
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5. An individualized program of professional development for
all teachers and administrators as adopted by the school district
board of education as set forth in subsection B of Section 6-101.10
of this title;
6. For districts choosi ng to use, at their own expense,
quantitative measures of teachers and leaders as part of the
district evaluation r ating, such measures shall include a minimum of
one reliable, research -based measure as approved by the State Board
of Education pursuant to subsection D E of this section; and
7. 6. For all district evaluations, student performance,
including performance on the statewide criterion-referenced tests if
available, shall be discussed with the teacher and may be one of the
considerations for the t eacher's district evaluation rating.
C. School districts may submit a request to the State Board of
Education to use an alternate evaluation system other than the
system selected by the Board pursuant to subsection A of this
section if the school district establishes the capacity to implement
a research-based performance review ev aluation system which meets
the criteria of the TLE system.
D. Career teachers receiving a district evaluation rating of
"superior" or "highly effective" under the TLE may be eva luated once
every three (3) years.
D. E. By December 1, 2015, the Teacher and Leader Effectiveness
Commission shall recommend to the State Board of Education multiple
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reliable, research-based measures to provide a quantitative
evaluation component for tea chers. The State Board of Education
shall approve and publish a list of approved measures by February 1,
2016.
E. F. A school district with an average daily attendance of
more than thirty-five thousand (35,000) which has incorporated
quantitative compone nts of the TLE into its evaluation system of
teachers and administrators prior to the 2015 -2016 school year may
continue using its evaluation system, as defined by the school
district's written policies, notwithstanding the provisions of this
section and regardless of the State Board of Education 's adoption of
quantitative components pursuant to this section.
F. G. The State Department of Education shall provide to the
Oklahoma State Regents for Higher Education and the Oklahoma
Commission for Educational Quality and Accountability timely
electronic data linke d to teachers and leaders derived from the TLE
for purposes of providing a basis for the development of
accountability and quality improvements of the teacher preparation
system. The data shall be pro vided in a manner and at such times as
agreed upon between the Department, the State Regents and the
Commission.
G. H. For purposes of this section, "leader" means a principal,
assistant principal or any other school administrator who is
responsible for supervising classroom teachers.
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H. I. The State Department of Educa tion may collect school
district evaluation information only as is required for federal
reporting. The State Department of Education shall keep all data
collected pursuant to th e TLE and records of annual evaluations
received pursuant to this section confidential. Records created
pursuant to this sect ion which identify, in any way, a current or
former public employee shall n ot be subject to disclosure under the
Oklahoma Open Records Act. Nothing in this subsection shall be
construed to prohibit disclosure otherwise required by this section;
provided, however, any provisions requiring disclosure of TLE
records shall be constr ued narrowly and all individually identifying
information shall be removed from such records to the fullest extent
possible.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.23, is
amended to read as follows:
Section 6-101.23 A. The dismissal, s uspension, 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 employed on temporary contracts.
B. The dismissal and suspension provision s 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
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are employed in positions fully funded by federal or private
categorical grants, except that such teache rs 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 Process Act of 1990 shall apply
to teachers who are employed on temporar y 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 only 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 semesters or on multiple
temporary contracts by a school district that to gether 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 Teacher s' 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 the 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 basis.
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 5. 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 an administrator
identifies poor performance or conduct that the administrator
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believes may lead to 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 teacher in correcting the poor perfo rmance 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 po or performance or
conduct cited in the admonition within the time specified, the
administrator shall may make a recommendation to the superin tendent
of the school district for the dismissal or nonreemployment of th e
teacher.
C. Whenever a member of the bo ard of education, superintendent,
or other administrator identifies poor performance or conduct that
may lead to a recommendation for dismiss al or nonreemployment of a
teacher within the district, the administrator who has
responsibility for evaluation of the teacher shall be informed, and
that administrator shall comply with the procedures set forth in
this section. If the administrator fails or refuses to admonish the
teacher within ten (10) days after being so informe d by the board,
superintendent, or o ther administrator, such board, superi ntendent,
or other administrator shall admonish the teacher purs uant to the
provisions of this sec tion.
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D. Repeated negligence in performance of duty, willful neglect
of duty, incompetency, instructional ineffectivene ss, or
unsatisfactory teaching perform ance, for a career teacher , or any
cause related to inadequate t eaching performance for a probatio nary
teacher, shall not be a basis for a reco mmendation to dismiss or not
reemploy a teacher unless and until the provis ions of this section
have been complied with.
SECTION 6. 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 writin g, 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 t he 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;
2. Has graduated fro m an accredited institution of highe r
education that has approval or accre ditation for teacher educati on;
3. Has met all other requirem ents as may be established by the
Board;
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4. Has made the necessary application a nd paid the competency
examination fee in an amount and as prescribed by th e Commission;
5. Has successfully com pleted 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 crimi nal 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 th e requirements
set forth in subsection G of this section;
2. Holds certification from the Nationa l Board for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set fort h in subsection F of this section; or
4. Has successfully complet ed a competency examination used i n
the majority of other states or co mparable customized exam and meets
the requirements set forth in subsection H of thi s section.
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D. Beginning July 1, 200 4, any person applying for initial
Oklahoma certification shall ha ve on file with the Board a curren t
Oklahoma criminal history record f rom 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 Sta tutes. 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 resp onsible 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, subj ect 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 Bo ard. The certificate to tea ch
shall only be for those subject areas and grade levels most closely
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 grad e levels most closely aligned to the
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subject areas and grade levels recognized on th e out-of-country
certificate.
3. A person who meets the requirements of p aragraph 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 fo r
purposes of awarding a certificate t o teach pursuant to this
subsection.
G. 1. The Board shall i ssue a certificate to teach to a per son
who holds a valid out-of-state certificate. The certificate to
teach shall only be for those subject areas and grad e levels most
closely aligned to the s ubject areas and grade level s recognized on
the out-of-state certificate.
2. A person who meets t he requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most close ly aligned to the
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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 hist ory
record check from the Oklahoma Sta te Bureau of Investigation a s well
as a national criminal hist ory record check as defined in Secti on
150.9 of Title 74 of the Oklahoma Statutes . Upon receipt of the
Oklahoma criminal history record check, the Board ma y 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 Boa rd a current Oklahoma
criminal history record check from the Oklahoma State Bureau o f
Investigation as well as a nationa l 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
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of the national fingerprint-based criminal history r ecord 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 requir ements 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. 4. 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 maste r teaching certificate to
any person who upon application:
a. has successfully completed the requi rements of this
subsection,
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
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(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 teach ing 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 ha ve a
teaching load of not more than fi fty percent (50%) student
instruction to allow the lead teacher t o spend time on:
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 qualita tive evaluation component for
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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 m aster 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 l ead 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 Thr ee 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 addit ional fifteen (15) days to be used to
strengthen leadership. A person with a master teaching certifica te
shall receive an annual sal ary supplement of at least 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 te acher 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
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the contracts required in th is subsection shall be subject to
approval by the new employing school district.
M. 1. Any person who is eligible for a lead or mas ter teaching
certificate described in this sectio n shall make application for the
following school year with the State Boar d 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 E ducation 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
their local school district board of education and who meets the
eligibility criteria.
O. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implemen t the teaching
certificates provided f or in this section on a p ilot program basis
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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 of this
section is not available, the Department shall not be required to
fulfill 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 7. REPEALER 70 O.S. 2021, Section 6-101.10, is
hereby repealed.
SECTION 8. This act shall be come effective July 1, 2022.
SECTION 9. It being immediately necessary for the preser vation
of the public peace, heal th 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 approval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/13/2022
- DO PASS, As Amended.