Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1535 Compare Versions

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3-ENGR. H. A. to ENGR. S. B. NO. 1535 Page 1 1
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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 1535 By: Pugh of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
34+
35+COMMITTEE SUBSTITUTE
36+FOR ENGROSSED
37+SENATE BILL NO. 1535 By: Pugh of the Senate
3138
3239 and
3340
3441 Osburn of the House
3542
3643
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3845
3946
40-An Act relating to teachers; amending 51 O.S. 2021,
41-Section 24A.7, which relates to confidentiality of
42-certain personnel records ; removing language
43-regarding confidentiality of records created pursuant
44-to certain evaluation system; amending 70 O .S. 2021,
45-Section 5-141, which relates to schoo l district
46-minimum salary schedules; removing language allowing
47-additional compensation for certain evaluation
48-ratings; updating statutory reference; amending 70
49-O.S. 2021, Section 5-141.2, which relates to model
50-incentive pay plans; removing statutory ref erence;
51-amending 70 O.S. 2021, Section 5-141.4, which relates
52-to teacher incentive pay awards; removing language
53-allowing an incentive pay plan to be based on
54-performance measured by certain system; updating
55-language; providing definition; amending 70 O.S.
56-2021, Section 6-101.3, which relates to definitions
57-related to teachers; modify ing definitions; amending
58-70 O.S. 2021, Section 6-101.10, which relates to
59-school district evaluation policies; removing
60-reference to certain professional development;
61-allowing rather than requiring school districts to
62-adopt certain evaluation policies; removing
63-references to implementation of the Oklahoma Teacher
64-and Leader Effectiveness Evaluation System; providing
65-for contents that may be included in an evaluation
66-policy; removing requirement for an individualized
67-program of professional development; removing
68-requirement for training of certain evaluation
69-personnel; allowing rather than requiring the State
70-Department of Education to conduct certain workshops;
71-removing language directing the State Board of
72-Education to monitor certain compliance; amending 70
73-O.S. 2021, Section 6-101.11, which relates to copies
74-of evaluations; providing sta tutory reference;
47+COMMITTEE SUBSTITUTE
7548
76-ENGR. H. A. to ENGR. S. B. NO. 1535 Page 2 1
49+[ teachers - effective date –
50+ emergency ]
51+
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54+
55+BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
56+SECTION 1. AMENDATORY 70 O. S. 2021, Section 6-101.3, is
57+amended to read as follows:
58+Section 6-101.3 As used in Section 6-101 et seq. of this title:
59+1. "Administrator" means a duly certified person who devotes a
60+majority of time to service as a superin tendent, elementary
61+superintendent, principal, supervisor, vice princi pal, or in any
62+other administrative or superv isory capacity in the school d istrict;
63+
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101-removing language regarding availability of certain
102-evaluation data; amending 70 O.S. 2021, Section 6-
103-101.13, which relates to due process procedures;
104-removing language allowing dismissal or
105-nonreemployment of a principal who receives cer tain
106-evaluation rating; amending 70 O.S. 2021, Section 6-
107-101.22, which relates to reasons to dismiss c areer
108-teachers; removing language requiring dismissal or
109-nonreemployment of teachers who receive certain
110-evaluation ratings; amending 70 O.S. 2021, Section 6-
111-101.23, which relates to inapplicability of certain
112-due process provisions; removing language requiring
113-application of certain evaluation p rovisions to
114-certain teachers; amending 70 O.S . 2021, Section 6-
115-101.24, which relates to identification of poor
116-teacher performance; removing language regarding
117-actions to be taken upon implementation of certain
118-evaluation system; allowing rather than requ iring
119-certain recommendation for dismissal or
120-nonreemployment to be made; providing statutory
121-reference; amending 70 O.S. 2021, Section 6-190,
122-which relates to contracting with teachers; removing
123-qualifications for certain teacher c ertificates
124-related to evaluation ratings; repealing 70 O.S.
125-2021, Section 6-101.16, which relates to adoption of
126-the Oklahoma Teacher and Leader Effectiveness
127-Evaluation System; repealing 70 O.S. 2021, Section 6-
128-101.31, which relates to basing retention or
129-reassignment decisions on certain evaluation ratings;
130-providing an effective date; and decla ring an
131-emergency.
90+2. "Dismissal" means the discontinuance of the teaching service
91+of an administrator or teacher during the term of a written
92+contract, as provided by law;
93+3. "Nonreemployment" means the nonrenewal of the contract of an
94+administrator or teacher up on expiration of the contract;
95+4. "Career teacher" means a teacher who:
96+a. is employed by a school district pr ior to the 2017-
97+2018 school year and has completed three (3) or more
98+consecutive complete school years as a teacher in one
99+school district under a written continuing or
100+temporary teaching contract, or
101+b. is employed for the first time by a school district
102+under a written continuing or temporary teaching
103+contract during the 2 017-2018 school year and
104+thereafter:
105+(1) has completed three (3) consecutiv e complete
106+school years as a teacher i n one school district
107+under a written continuing or temporary teaching
108+contract and has achieved a dist rict evaluation
109+rating of "superior" as measured pursuant to the
110+TLE as set forth in Section 6-101.16 of this
111+title for at least two (2) of the three (3)
112+school years,
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135-AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
136-and insert:
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141-"[ teachers - effective date –
142- emergency ]
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172-BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
173-SECTION 1. AMENDATORY 70 O. S. 2021, Section 6-101.3, is
174-amended to read as follows:
175-Section 6-101.3 As used in Section 6-101 et seq. of this title:
176-1. "Administrator" means a duly certified person who devotes a
177-majority of time to service as a superin tendent, elementary
178-superintendent, principal, supervisor, vice princi pal, or in any
179-other administrative or superv isory capacity in the school d istrict;
180-2. "Dismissal" means the discontinuance of the teaching service
181-of an administrator or teacher during the term of a written
182-contract, as provided by law;
183-3. "Nonreemployment" means the nonrenewal of the contract of an
184-administrator or teacher up on expiration of the contract;
185-4. "Career teacher" means a teacher who:
186-a. is employed by a school district pr ior to the 2017-
187-2018 school year and has completed three (3) or more
188-consecutive complete school years as a teacher in one
189-school district under a written continuing or
190-temporary teaching contract, or
191-b. is employed for the first time by a school district
140+(2) has completed four (4) consecutive complete
141+school years as a teacher in one school district
192142 under a written continuing or t emporary teaching
193-contract during the 2 017-2018 school year and
194-thereafter:
143+contract, has averaged a di strict evaluation
144+rating of at least "effective" as measured
145+pursuant to the TLE for the four -year period, and
146+has received district evaluati on ratings of at
147+least "effective" for the last two (2) years of
148+the four-year period, or
149+(3) has completed four (4 ) or more consecutive
150+complete school years in one school district
151+under a written continuing or temporary teaching
152+contract and has not met the requirements of
153+subparagraph a or b of this paragraph, only if
154+the principal of the school at which the teacher
155+is employed submits a petitio n to the
156+superintendent of the school district requesting
157+that the teacher be granted career status, the
158+superintendent agrees with the petit ion, and the
159+school district board of ed ucation approves the
160+petition. The principal shall specify in the
161+petition the underlying facts supporting the
162+granting of career status to the teacher ;
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221-(1) has completed three (3) consecutiv e complete
222-school years as a teacher i n one school district
223-under a written continuing or temporary teaching
224-contract and has achieved a dist rict evaluation
225-rating of "superior" as measured pursuant to the
226-TLE as set forth in Section 6-101.16 of this
227-title for at least two (2) of the three (3)
228-school years,
229-(2) has completed four (4) consecutive complete
230-school years as a teacher in one school district
231-under a written continuing or t emporary teaching
232-contract, has averaged a di strict evaluation
233-rating of at least "effective" as measured
234-pursuant to the TLE for the four -year period, and
235-has received district evaluati on ratings of at
236-least "effective" for the last two (2) years of
237-the four-year period, or
238-(3) has completed four (4 ) or more consecutive
239-complete school years in one school district
240-under a written continuing or temporary teaching
241-contract and has not met the requirements of
242-subparagraph a or b of this paragraph, only if
243-the principal of the school at which the teacher
244-is employed submits a petitio n to the
190+5. "Teacher hearing" means the hearing before a school distri ct
191+board of education after a recommenda tion for dismissal or
192+nonreemployment of a te acher has been made but before any final
193+action is taken on the reco mmendation, held for the purpose of
194+affording the teacher all rights guar anteed by the United States
195+Constitution and the Constitution of Oklah oma under circumstances
196+and for enabling the board to determine whether to approve or
197+disapprove the recommendati on;
198+6. "Probationary teacher " means a teacher who:
199+a. is employed by a school district prior to the 20 17-
200+2018 school year and has completed fewer than three
201+(3) consecutive complete schoo l years as a teacher in
202+one school district under a written teaching contract,
203+or
204+b. is employed for the first time by a school district
205+under a written teaching contract during the 2017-2018
206+school year and thereafter and has not met the
207+requirements for career teacher as provided in
208+paragraph 4 of this section;
209+7. "Suspension" or "suspended" means the temporary
210+discontinuance of the services of an administrator or teache r, as
211+provided by law;
212+8. "Teacher" means a person defined as a teacher has the same
213+meaning as provided for in Section 1-116 of this title; and
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271-superintendent of the school district requesting
272-that the teacher be granted career status, the
273-superintendent agrees with the petit ion, and the
274-school district board of ed ucation approves the
275-petition. The principal shall specify in the
276-petition the underlying facts supporting the
277-granting of career status to the teacher ;
278-5. "Teacher hearing" means the hearing before a school distri ct
279-board of education after a recommenda tion for dismissal or
280-nonreemployment of a te acher has been made but before any final
281-action is taken on the reco mmendation, held for the purpose of
282-affording the teacher all rights guar anteed by the United States
283-Constitution and the Constitution of Oklah oma under circumstances
284-and for enabling the board to determine whether to approve or
285-disapprove the recommendati on;
286-6. "Probationary teacher " means a teacher who:
287-a. is employed by a school district prior to the 20 17-
288-2018 school year and has completed fewer than three
289-(3) consecutive complete schoo l years as a teacher in
290-one school district under a written teaching contract,
291-or
292-b. is employed for the first time by a school district
293-under a written teaching contract during the 2017-2018
294-school year and thereafter and has not met the
241+9. "District evaluation rating " means the rating issued based
242+on the components of the TLE as set forth in s ubsection B of Section
243+6-101.16 of this title.
244+SECTION 2. AMENDATORY 7 0 O.S. 2021, Section 6-101.11, is
245+amended to read as foll ows:
246+Section 6-101.11 Whenever any evaluation is made of a teacher
247+or administrator, a true copy of the evaluation shall be presented
248+to the person evaluated, who shall ack nowledge the written
249+evaluation by signing the original. Within two (2) weeks after the
250+evaluation, the person evalua ted may respond and said response shall
251+be made part of the record. Except by order of a court of com petent
252+jurisdiction, evaluation docu ments and the responses thereto sh all
253+be available only to the evaluated person , the board of education,
254+the administrative staff making the evaluation, the board and
255+administrative staff of any school to which such eval uated person
256+applies for employment , and such other persons as are spe cified by
257+the teacher in writing and shall be subject to disclosure at any
258+hearing involving a teacher or administrator 's dismissal or
259+nonrenewal from employment. Data collected pursuan t to Section 6-
260+101.10 shall be avail able to authorized representatives of the State
261+Department of Education and its contracting designees who must be
262+contractually bound to the Department to maintain confidentiality of
263+all information received from the Dep artment when such evaluation
264+data is used by the Department for data c ollection/analysis purposes
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321-requirements for career teacher as provided in
322-paragraph 4 of this section;
323-7. "Suspension" or "suspended" means the temporary
324-discontinuance of the services of an administrator or teache r, as
325-provided by law;
326-8. "Teacher" means a person defined as a teacher has the same
327-meaning as provided for in Section 1-116 of this title; and
328-9. "District evaluation rating " means the rating issued based
329-on the components of the TLE as set forth in s ubsection B of Section
330-6-101.16 of this title.
331-SECTION 2. AMENDATORY 7 0 O.S. 2021, Section 6-101.11, is
292+under the Oklahoma Teacher and Leader Effectiveness Eval uation
293+System, and such other persons as are specified by the teache r in
294+writing and shall be subject to disclosure at any hearing involvi ng
295+a teacher or administrator 's dismissal or nonrenewal from
296+employment.
297+SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -101.16, is
332298 amended to read as follows:
333-Section 6-101.11 Whenever any evaluation is made of a teacher
334-or administrator, a true copy of the evaluation shall be presented
335-to the person evaluated, who shall ack nowledge the written
336-evaluation by signing the original. Within two (2) weeks after the
337-evaluation, the person evalua ted may respond and said response shal l
338-be made part of the record. Except by order of a court of com petent
339-jurisdiction, evaluation docu ments and the responses thereto sh all
340-be available only to the evaluated person , the board of education,
341-the administrative staff making the evaluation, the board and
342-administrative staff of any school to which such eval uated person
343-applies for employment , and such other persons as are spe cified by
344-the teacher in writing and shall be subject to disclosure at any
299+Section 6-101.16 A. By December 15, 2011, the State Board of
300+Education shall adopt a new statewide system of evalua tion to be
301+known as the Oklahoma Teacher and Leader Effectiveness Evaluation
302+System (TLE). The Board shall work cooperatively with school
303+districts to incorporate the components of the TLE in all school
304+districts by the 2017 -2018 school year as provided for in Section 6-
305+101.10 of this title.
306+B. The TLE shall include the following co mponents:
307+1. Annual evaluations that provide feedback to imp rove student
308+learning and outcomes, except as provided for in subsection C D of
309+this section;
310+2. A five-tier district evaluation rating system as follows:
311+a. superior,
312+b. highly effective,
313+c. effective,
314+d. needs improvement, and
315+e. ineffective;
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371-hearing involving a teacher or administrator 's dismissal or
372-nonrenewal from employment. Data collected pursuan t to Section 6-
373-101.10 shall be avail able to authorized representatives of the State
374-Department of Education and its contracting designees who must be
375-contractually bound to the Department to m aintain confidentiality of
376-all information received from the Dep artment when such evaluation
377-data is used by the Department for data c ollection/analysis purposes
378-under the Oklahoma Teacher and Leader Effectiveness Eval uation
379-System, and such other persons as are specified by the teache r in
380-writing and shall be subject to disclosure at any hearing involvi ng
381-a teacher or administrator 's dismissal or nonrenewal from
382-employment.
383-SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -101.16, is
384-amended to read as follows:
385-Section 6-101.16 A. By December 15, 2011, the State Board of
386-Education shall adopt a new statewide system of evalua tion to be
387-known as the Oklahoma Teacher and Leader Effectiveness Evaluation
388-System (TLE). The Board shall wor k cooperatively with school
389-districts to incorporate the components of the TLE in all school
390-districts by the 2017 -2018 school year as provided for in Section 6-
391-101.10 of this title.
392-B. The TLE shall include the following co mponents:
343+3. An evidence-based qualitative assessment tool for the
344+teacher qualitative portion of the TLE that will include observable
345+and measurable characteristics of personnel and classroom practices
346+that are correlated to student performance success, including, but
347+not limited to:
348+a. organizational and classroom management skills,
349+b. ability to provide effective instruction,
350+c. focus on continuous improvement and professional
351+growth,
352+d. interpersonal skills, and
353+e. leadership skills;
354+4. An evidence-based qualitative asse ssment tool for the leader
355+qualitative portion of the TLE that will include observable and
356+measurable characteristi cs of personnel and site management
357+practices that are correlated to student perfo rmance success,
358+including, but not limited to:
359+a. organizational and school management, including
360+retention and development of effective teachers and
361+dismissal of ineffective teachers,
362+b. instructional leadership,
363+c. professional growth and responsibility,
364+d. interpersonal skills,
365+e. leadership skills, and
366+f. stakeholder perceptions;
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419-1. Annual evaluation s that provide feedback to imp rove student
420-learning and outcomes, except as provided for in subsection C D of
421-this section;
422-2. A five-tier district evaluation rating system as follows:
423-a. superior,
424-b. highly effective,
425-c. effective,
426-d. needs improvement, and
427-e. ineffective;
428-3. An evidence-based qualitative assessment tool for the
429-teacher qualitative portion of the TLE that will include observable
430-and measurable characteristics of personnel and classroom practices
431-that are correlated to student performance success, including, but
432-not limited to:
433-a. organizational and classroom management skills,
434-b. ability to provide effective instruction,
435-c. focus on continuous improvement and professional
436-growth,
437-d. interpersonal skills, and
438-e. leadership skills;
439-4. An evidence-based qualitative asse ssment tool for the leader
440-qualitative portion of the TLE that will include observable and
441-measurable characteristi cs of personnel and site management
394+5. An individualized program of professional development for
395+all teachers and administrators as adopted by the school district
396+board of education as set forth in subsection B of Section 6-101.10
397+of this title;
398+6. For districts choosi ng to use, at their own expense,
399+quantitative measures of teachers and leaders as part of the
400+district evaluation r ating, such measures shall include a minimum of
401+one reliable, research -based measure as approved by the State Board
402+of Education pursuant to subsection D E of this section; and
403+7. 6. For all district evaluations, student performance,
404+including performance on the statewide criterion-referenced tests if
405+available, shall be discussed with the teacher and may be one of the
406+considerations for the t eacher's district evaluation rating.
407+C. School districts may submit a request to the State Board of
408+Education to use an alternate evaluation system other than the
409+system selected by the Board pursuant to subsection A of this
410+section if the school district establishes the capacity to implement
411+a research-based performance review ev aluation system which meets
412+the criteria of the TLE system.
413+D. Career teachers receiving a district evaluation rating of
414+"superior" or "highly effective" under the TLE may be eva luated once
415+every three (3) years.
416+D. E. By December 1, 2015, the Teacher and Leader Effectiveness
417+Commission shall recommend to the State Board of Education multiple
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468-practices that are correlated to student perfo rmance success,
469-including, but not limited to:
470-a. organizational and school management, including
471-retention and development of effective teachers and
472-dismissal of ineffective teachers,
473-b. instructional leadership,
474-c. professional growth and responsibility,
475-d. interpersonal skills,
476-e. leadership skills, and
477-f. stakeholder perceptions;
478-5. An individualized program of professional development for
479-all teachers and administrators as adopted by the school district
480-board of education as set forth in subsection B of Section 6-101.10
481-of this title;
482-6. For districts choosi ng to use, at their own expense,
483-quantitative measures of teachers and leaders as part of the
484-district evaluation r ating, such measures shall include a minimum of
485-one reliable, research -based measure as approved by the State B oard
486-of Education pursuant to subsection D E of this section; and
487-7. 6. For all district evaluations, student performance,
488-including performance on the statewide criterion-referenced tests if
489-available, shall be discussed with the teacher and may be one o f the
490-considerations for the t eacher's district evaluation rating.
445+reliable, research-based measures to provide a quantitative
446+evaluation component for tea chers. The State Board of Education
447+shall approve and publish a list of approved measures by February 1,
448+2016.
449+E. F. A school district with an average daily attendance of
450+more than thirty-five thousand (35,000) which has incorporated
451+quantitative compone nts of the TLE into its evaluation system of
452+teachers and administrators prior to the 2015 -2016 school year may
453+continue using its evaluation system, as defined by the school
454+district's written policies, notwithstanding the provisions of this
455+section and regardless of the State Board of Education 's adoption of
456+quantitative components pursuant to this section.
457+F. G. The State Department of Education shall provide to the
458+Oklahoma State Regents for Higher Education and the Oklahoma
459+Commission for Educational Quality and Accountability timely
460+electronic data linke d to teachers and leaders derived from the TLE
461+for purposes of providing a basis for the development of
462+accountability and quality improvements of the teacher preparation
463+system. The data shall be pro vided in a manner and at such times as
464+agreed upon between the Department, the State Regents and the
465+Commission.
466+G. H. For purposes of this section, "leader" means a principal,
467+assistant principal or any other school administrator who is
468+responsible for supervising classroom teachers.
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517-C. School districts may submit a request to the State Board of
518-Education to use an alternate evaluation system other than the
519-system selected by the Board pursuant to subsection A of this
520-section if the school district establishes the capacity to implement
521-a research-based performance review ev aluation system which meets
522-the criteria of the TLE system.
523-D. Career teachers receiving a district evaluation rating of
524-"superior" or "highly effective" under the TLE may be eva luated once
525-every three (3) years.
526-D. E. By December 1, 2015, the Teacher and Leader Effectiveness
527-Commission shall recommend to the State Board of Education multiple
528-reliable, research-based measures to provide a quantitativ e
529-evaluation component for tea chers. The State Board of Education
530-shall approve and publish a list of approved measures by February 1,
531-2016.
532-E. F. A school district with an average daily attendance of
533-more than thirty-five thousand (35,000) which has inc orporated
534-quantitative compone nts of the TLE into its evaluation system of
535-teachers and administrators prior to the 2015 -2016 school year may
536-continue using its evaluation system, as defined by the school
537-district's written policies, notwithstanding the pr ovisions of this
538-section and regardless of the State Board of Education 's adoption of
539-quantitative components pursuant to this section.
496+H. I. The State Department of Educa tion may collect school
497+district evaluation information only as is required for federal
498+reporting. The State Department of Education shall keep all data
499+collected pursuant to th e TLE and records of annual evaluations
500+received pursuant to this section confidential. Records created
501+pursuant to this sect ion which identify, in any way, a current or
502+former public employee shall n ot be subject to disclosure under the
503+Oklahoma Open Records Act. Nothing in this subsection shall be
504+construed to prohibit disclosure otherwise required by this section;
505+provided, however, any provisions requiring disclosure of TLE
506+records shall be constr ued narrowly and all individually identifying
507+information shall be removed from such records to the fullest extent
508+possible.
509+SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.23, is
510+amended to read as follows:
511+Section 6-101.23 A. The dismissal, s uspension, and
512+nonreemployment provisions of the Teacher Due Process Act of 1990
513+shall not apply to:
514+1. Substitute teachers;
515+2. Adult education teachers; and
516+3. Teachers who are employed on temporary contracts.
517+B. The dismissal and suspension provision s of the Teacher Due
518+Process Act of 1990 shal l apply to teachers who are employed on
519+temporary contracts for a complete school year and to teachers who
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566-F. G. The State Department of Education shall provide to the
567-Oklahoma State Regents for Higher Education and the Oklaho ma
568-Commission for Educational Quality and Accountability timely
569-electronic data linke d to teachers and leaders derived from the TLE
570-for purposes of providing a basis for the development of
571-accountability and quality improvements of the teacher preparation
572-system. The data shall be pro vided in a manner and at such times as
573-agreed upon between the Department, the State Regents and the
574-Commission.
575-G. H. For purposes of this section, "leader" means a principal,
576-assistant principal or any other school administ rator who is
577-responsible for supervising classroom teachers.
578-H. I. The State Department of Educa tion may collect school
579-district evaluation information only as is required for federal
580-reporting. The State Department of Education shall keep all data
581-collected pursuant to the TLE and records of annual evaluations
582-received pursuant to this section confidential. Records created
583-pursuant to this sect ion which identify, in any way, a current or
584-former public employee shall n ot be subject to disclosure under th e
585-Oklahoma Open Records Act. Nothing in this subsection shall be
586-construed to prohibit disclosure otherwise required by this section;
587-provided, however, any provisions requiring disclosure of TLE
588-records shall be constr ued narrowly and all individually id entifying
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615-information shall be removed from such records to the fullest extent
616-possible.
617-SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.23, is
618-amended to read as follows:
619-Section 6-101.23 A. The dismissal, s uspension, and
620-nonreemployment provisions of the Teacher Due Process Act of 1990
621-shall not apply to:
622-1. Substitute teachers;
623-2. Adult education teachers; and
624-3. Teachers who are employed on temporary contracts.
625-B. The dismissal and suspension provision s of the Teacher Due
626-Process Act of 1990 shal l apply to teachers who are employed on
627-temporary contracts for a complete school year and to teachers who
628547 are employed in positions fully funded by federal or private
629-categorical grants, except that such teache rs shall be employed only
630-for the duration of the temporary contract or the grant.
631-C. The evaluation provisions in Sections 6 -101.10 and 6-101.11
632-of this title and in the Teacher Due Process Act of 1990 shall apply
633-to teachers who are employed on temporar y contracts for a complete
634-school year and to teachers who are employed in positions fully
635-funded by federal or private categorical grants, except that such
636-teachers shall be employed only for the duration of the temporary
637-contract or the grant.
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664-D. Teachers other than those specifically excepted in
665-subsection A of this section who are em ployed on contracts shall be
666-afforded all substantive and procedural rights set forth in the
667-Teacher Due Process Act of 1990 including the dismissal, suspension,
668-and nonreemployment provisions applicable to probationa ry or career
669-teachers as defined in Sec tion 6-101.3 of this title.
670-E. D. On and after the effective date of this act any teacher
671-who has worked a complete school year under a t emporary contract in
672-a school district shall be granted a year of service credi t toward
673-career status in that district .
674-F. E. No teacher shall be hired on a temporary contract by a
675-school district for more than four semesters or on multiple
676-temporary contracts by a school district that to gether are for more
677-than four semesters, exce pt for a:
678-1. Teacher hired to replace a teacher who is on an approved
679-leave of absence and who is expected to return to employment with
680-the school district; or
681-2. Teacher who is a retired member of the Teacher s' Retirement
682-System of Oklahoma.
683-G. F. No teacher shall be offered a temporary con tract with a
684-school district without a full written disclosure at the time a
685-position is offered by the administration of the school distr ict
686-which sets forth the terms and conditions of the temporary contract.
687-In the event the school district fails to pr ovide such written
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714-disclosure, the teacher shall be considered as employed on a
715-continuing contract basis.
716-H. G. On and after the effecti ve date of this act no teacher
717-who is employed on a continuing contract basis b y a school district
718-shall be reemployed on a temporary contract in that school district.
719-SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.24, is
720-amended to read as follows:
721-Section 6-101.24 A. Upon full implementation of the O klahoma
722-Teacher and Leader Effectivenes s Evaluation System (TLE) as set
723-forth in Section 6-101.10 of this title , when a teacher receives a
724-rating as measured pursuant to the TLE as set forth in Section 6 -
725-101.16 of this title that may lead to a recommendati on for the
726-dismissal or nonreemployment of the teacher or when an administrator
727-identifies poor performance or conduct that the administrator
728-believes may lead to a recommendation for the dismissal or
729-nonreemployment of the teache r, the administrator shall:
730-1. Admonish the teacher, in writing, and make a reasonable
731-effort to assist the teacher in correcting the poor perfo rmance or
732-conduct; and
733-2. Establish a reasonable time for improvement, not to exceed
734-two (2) months, taking in to consideration the rating on the
735-evaluation or the nature and gravi ty of the performance or conduct.
736-B. If the teacher does not correct the po or performance or
737-conduct cited in the admonition within the time specified, the
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764-administrator shall may make a recommendation to the superin tendent
765-of the school district for the dismissal or nonreemployment of th e
766-teacher.
767-C. Whenever a member of the bo ard of education, superintendent,
768-or other administrator identifies poor performance or conduct that
769-may lead to a recommendation for dismiss al or nonreemployment of a
770-teacher within the district, the administrator who has
771-responsibility for evaluation of the teacher shall be informed, and
772-that administrator shall comply with the procedures set forth in
773-this section. If the administrator fails or refuses to admonish the
774-teacher within ten (10) days after being so informe d by the board,
775-superintendent, or o ther administrator, such board, superi ntendent,
776-or other administrator shall admonish the teacher purs uant to the
777-provisions of this sec tion.
778-D. Repeated negligence in performance of duty, willful neglect
779-of duty, incompetency, instructional ineffectivene ss, or
780-unsatisfactory teaching perform ance, for a career teacher , or any
781-cause related to inadequate t eaching performance for a probatio nary
782-teacher, shall not be a basis for a reco mmendation to dismiss or not
783-reemploy a teacher unless and until the provis ions of this section
784-have been complied with.
785-SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-190, is
786-amended to read as follows:
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813-Section 6-190. A. The board of education of each school
814-district shall employ and contract in writin g, as required in
815-Section 6-101 of this title, only with persons c ertified to teach by
816-the State Board of Education in accordance with t he Oklahoma Teacher
817-Preparation Act, except a s otherwise provided for by Section 6 -101
818-of this title and by other law.
819-B. The Board shall issue a certificate to teach to any person
820-who:
821-1. Has successfully completed th e teacher education program
822-required by the Commission for Educational Quality an d
823-Accountability;
824-2. Has graduated fro m an accredited institution of highe r
825-education that has approval or accre ditation for teacher educati on;
826-3. Has met all other requirem ents as may be established by the
827-Board;
828-4. Has made the necessary application a nd paid the competency
829-examination fee in an amount and as prescribed by th e Commission;
830-5. Has successfully com pleted the competency examin ation
831-required in Section 6 -187 of this title; and
832-6. Beginning November 1, 2001, has on file with the Board a
833-current Oklahoma criminal history record f rom the Oklahoma State
834-Bureau of Investigation as well as a national crimi nal history
835-record check as defined in Section 150.9 of Title 74 of the Oklahoma
836-Statutes. Upon receipt of the Oklahoma criminal history recor d, the
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863-Board may issue a temporary cert ificate which shall be effective
864-until receipt of the national fingerprint -based criminal history
865-record. The person applying for a cer tificate shall be responsible
866-for the cost of the criminal history records.
867-C. The Board shall issue a certificate to t each to any person
868-who:
869-1. Holds an out-of-state certificate and meets th e requirements
870-set forth in subsection G of this section;
871-2. Holds certification from the Nationa l Board for Professional
872-Teaching Standards;
873-3. Holds an out-of-country certificate and meets the
874-requirements set fort h in subsection F of this section; or
875-4. Has successfully complet ed a competency examination used i n
876-the majority of other states or co mparable customized exam and meets
877-the requirements set forth in subsection H of thi s section.
878-D. Beginning July 1, 200 4, any person applying for initial
879-Oklahoma certification shall ha ve on file with the Board a curren t
880-Oklahoma criminal history record f rom the Oklahoma State Bureau of
881-Investigation as well as a national criminal histor y record check as
882-defined in Section 150.9 of Title 74 of the Oklahoma Sta tutes. Upon
883-receipt of the Oklahoma criminal history record, the Board may issue
884-a temporary certificate which shall be effective until receip t of
885-the national fingerprint -based criminal history record. The person
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912-applying for a certificate shall be resp onsible for the cost of the
913-criminal history records.
914-E. Any person holding a valid certificate, issued prior to
915-January 1, 1997, shall be a c ertified teacher for purposes of the
916-Oklahoma Teacher Preparation Act, subj ect to any professional
917-development requirements prescribed by the Oklahoma Teacher
918-Preparation Act or by the State Board of Education.
919-F. 1. The Board shall issue a certificate t o teach to a person
920-who holds a valid out-of-country certificate and meets any
921-requirements established by the Bo ard. The certificate to tea ch
922-shall only be for those subject areas and grade levels most closely
923-aligned to the subject areas and grade level s recognized on the out -
924-of-country certificate.
925-2. A person who meets the requirements of paragraph 1 of this
926-subsection shall not be requir ed to take any competency examinat ions
927-in those subject areas and grad e levels most closely aligned to the
928-subject areas and grade levels recognized on th e out-of-country
929-certificate.
930-3. A person who meets the requirements of p aragraph 1 of this
931-subsection shall have on file with the Boar d a current Oklahoma
932-criminal history record check from the Oklahoma State Bureau of
933-Investigation as well as a national criminal history record check as
934-defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
935-receipt of the Oklahoma criminal history record check, the Board may
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962-issue a temporary certificate which shall be effective until receipt
963-of the national fingerprint-based criminal history record check.
964-The person applying for a certificate shall be resp onsible for the
965-cost of the criminal history record checks.
966-4. The Board shall promulgate rules establishing a pro cess by
967-which out-of-country certificates will be reviewed and evaluated fo r
968-purposes of awarding a certificate t o teach pursuant to this
969-subsection.
970-G. 1. The Board shall i ssue a certificate to teach to a per son
971-who holds a valid out-of-state certificate. The certificate to
972-teach shall only be for those subject areas and grad e levels most
973-closely aligned to the s ubject areas and grade level s recognized on
974-the out-of-state certificate.
975-2. A person who meets t he requirements of paragraph 1 of this
976-subsection shall not be required to take any competency examinations
977-in those subject areas and grade levels most close ly aligned to the
978-subject areas and grade levels recognized on the out-of-state
979-certificate.
980-3. A person who meets the requirements of this su bsection shall
981-have on file with the Bo ard a current Oklahoma criminal hist ory
982-record check from the Oklahoma Sta te Bureau of Investigation a s well
983-as a national criminal hist ory record check as defined in Secti on
984-150.9 of Title 74 of the Oklahoma Statutes . Upon receipt of the
985-Oklahoma criminal history record check, the Board ma y issue a
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1012-temporary certificate which shall be effective until rec eipt of the
1013-national fingerprint -based criminal history record check. The
1014-person applying for a certificate shall be responsible for the cost
1015-of the criminal history record checks.
1016-H. 1. The Board shall issue a certificate to teach to a person
1017-who has successfully completed a competency exam used in a majority
1018-of the other states. The certificate to teach shall onl y be for
1019-those subject areas and grade levels that correspond with a
1020-certification area used in Oklahoma.
1021-2. A person who meets the requirem ents of paragraph 1 of this
1022-subsection shall have on file with the Boa rd a current Oklahoma
1023-criminal history record check from the Oklahoma State Bureau o f
1024-Investigation as well as a nationa l criminal history record check as
1025-defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes. U pon
1026-receipt of the Oklahoma criminal history record check, the Board may
1027-issue a temporary certificate which shall be ef fective until receipt
1028-of the national fingerprint-based criminal history r ecord check.
1029-The person applying for a certificate shall be r esponsible for the
1030-cost of the criminal history record checks.
1031-I. The Board shall issue a lead teaching certificate to any
1032-person who upon application:
1033-1. Has successfully completed the requir ements of this
1034-subsection;
1035-2. Has a minimum of five (5) years of experience as a teacher;
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1062-3. Participates in a meaningful individualized prog ram of
1063-professional development, as pro vided for in Section 6 -101.10 of
1064-this title;
1065-4. Has earned a "highly effective" or "superior" rating
1066-pursuant to Section 6 -101.16 of this title; and
1067-5. 4. May have a teaching load of not more than seventy-five
1068-percent (75%) student instruction to allow t he teacher to mentor
1069-other teachers.
1070-J. 1. The Board shall issue a maste r teaching certificate to
1071-any person who upon application:
1072-a. has successfully completed the requi rements of this
1073-subsection,
1074-b. has a minimum of seven (7) years of experience as a
1075-teacher, and
1076-c. (1) has earned a "superior" rating pursuant to
1077-Section 6-101.16 of this title, or
1078-(2) has earned a "highly effective" rating pursuant
1079-to Section 6-101.16 of this title and holds or
1080-has held a National B oard certification from the
1081-National Board for Professional Teaching
1082-Standards.
1083-2. Teachers with a master teach ing certificate may assum e
1084-leadership roles that include but are not limited to:
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1111-a. the planning and delivery of professional development
1112-activities designed to improve instructio nal
1113-strategies,
1114-b. the facilitation of an instructional leadership team
1115-within the building or school district in which the
1116-lead teacher is assigned, and
1117-c. the mentoring of other teachers and participation in
1118-evaluations of other teachers.
1119-3. Teachers with a master teaching certificate may ha ve a
1120-teaching load of not more than fi fty percent (50%) student
1121-instruction to allow the lead teacher t o spend time on:
1122-a. co-teaching,
1123-b. co-planning,
1124-c. peer reviews, and
1125-d. other duties mutually agreed upon by the
1126-superintendent and the master teacher , and may be used
1127-to satisfy the qualita tive evaluation component for
1128-teachers as required by Section 6 -101.16 of this title
1129-by performing the duties set forth in this paragraph .
1130-K. The State Board of Education shall a dopt rules to implement
1131-a renewal schedule and associated fees for lead and m aster teaching
1132-certificates. The rules shall allow a teacher tha t no longer meets
1133-the requirements of a lead or master teaching certificate to make
1134-application for the standard t eaching certificate.
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1161-L. The terms of the contracts issued to those holding l ead and
1162-master teaching certificates shall include the following:
1163-1. Lead: an additional ten (10) days to be used to strengthen
1164-instructional leadership. A person with a lead t eaching certificate
1165-shall receive an annual salary supplement of at least Thr ee Thousand
1166-Dollars ($3,000.00) or the district 's daily rate of pay, whichever
1167-is higher, in addition to the salary for which the teacher qualif ies
1168-pursuant to Section 18 -114.14 of this title; and
1169-2. Master: an addit ional fifteen (15) days to be used to
1170-strengthen leadership. A person with a master teaching certifica te
1171-shall receive an annual sal ary supplement of at least Five Thousand
1172-Dollars ($5,000.00) or the district 's daily rate of pay, whichever
1173-is higher, in addition to the salary for which the te acher qualifies
1174-pursuant to Section 18-114.14 of this title.
1175-If a person with a lead or master teaching certificate changes
1176-school districts dur ing the life of the certificate, th e terms of
1177-the contracts required in th is subsection shall be subject to
1178-approval by the new employing school district.
1179-M. 1. Any person who is eligible for a lead or mas ter teaching
1180-certificate described in this sectio n shall make application for the
1181-following school year with the State Boar d of Education. The
1182-application shall include a recommendation from the local school
1183-district board of education and determination that the applicant has
1184-met the statutory criteria. In reviewing an application, the local
1185-
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1211-school district board of education and the superintendent shall
1212-consider the ability of the scho ol district to fulfill the
1213-additional requiremen ts described in subsections I and J of this
1214-section before making a rec ommendation to the State Board of
1215-Education.
1216-2. The State Department of E ducation shall develop an
1217-application to implement the provisio ns of this subsection and make
1218-it available to school districts.
1219-N. Beginning in the 2021-2022 school year, the Depart ment shall
1220-make the teaching certif icates provided for in this section
1221-available for any person who has received a recommendation from
1222-their local school district board of education and who meets the
1223-eligibility criteria.
1224-O. For the 2019-2020 and 2020-2021 school years, the Department
1225-shall identify school districts to implemen t the teaching
1226-certificates provided f or in this section on a p ilot program basis
1227-with the assistance of public -private partnerships, funding from
1228-philanthropic organizations , or federal grants.
1229-P. The Department sha ll seek funding necessary for the
1230-administration of this section. If funding for the administration
1231-of the teaching certificates listed in subsection s I and J of this
1232-section is not available, the Department shall not be required to
1233-fulfill the requirements listed in sub sections L, M, N, and O of
1234-this section.
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1261-Q. The State Board of Education shall promulgate rules to
1262-implement the provisions of this a ct.
1263-SECTION 7. REPEALER 70 O.S. 2021, Section 6-101.10, is
1264-hereby repealed.
1265-SECTION 8. This act shall be come effective July 1, 2022.
1266-SECTION 9. It being immediately necessary for the preser vation
1267-of the public peace, heal th or safety, an emergency is hereby
1268-declared to exist, by reason whereof thi s act shall take effect and
1269-be in full force from and after its passage and approval."
1270-Passed the House of Representatives the 26th day of April, 2022.
1271-
1272-
1273-
1274-
1275-
1276-Presiding Officer of the House of
1277- Representatives
1278-
1279-
1280-Passed the Senate the ____ day of _______ ___, 2022.
1281-
1282-
1283-
1284-
1285-
1286-Presiding Officer of the Senate
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1314-ENGROSSED SENATE
1315-BILL NO. 1535 By: Pugh of the Senate
1316-
1317- and
1318-
1319- Osburn of the House
1320-
1321-
1322-
1323-
1324-An Act relating to teachers; amending 51 O.S. 2021,
1325-Section 24A.7, which relates to confidentiality of
1326-certain personnel records ; removing language
1327-regarding confidentiality of records created pursuant
1328-to certain evaluation system; amending 70 O .S. 2021,
1329-Section 5-141, which relates to school district
1330-minimum salary schedules; removing language allowing
1331-additional compensation for certain evaluation
1332-ratings; updating statutory reference; amending 70
1333-O.S. 2021, Section 5 -141.2, which relates to model
1334-incentive pay plans; removin g statutory reference;
1335-amending 70 O.S. 2021, Section 5-141.4, which relates
1336-to teacher incentive pay awards; removing language
1337-allowing an incentive pay plan to be based on
1338-performance measured by certain system; updating
1339-language; providing definition; amending 70 O.S.
1340-2021, Section 6-101.3, which relates to definitions
1341-related to teachers; modify ing definitions; amending
1342-70 O.S. 2021, Section 6-101.10, which relates to
1343-school district evaluation policies; removing
1344-reference to certain professional develo pment;
1345-allowing rather than requiring school districts to
1346-adopt certain evaluation policies; removing
1347-references to implementation of the Oklahoma Teacher
1348-and Leader Effectiveness Evaluation System ; providing
1349-for contents that may be included in an evaluation
1350-policy; removing requirement for an individualized
1351-program of professional development; removing
1352-requirement for training of certain evaluation
1353-personnel; allowing rather than requiring the State
1354-Department of Education to conduct certain workshops;
1355-removing language directing the State Board of
1356-Education to monitor certain compliance; amending 70
1357-O.S. 2021, Section 6-101.11, which relates to copies
1358-of evaluations; providing statutory ref erence;
1359-removing language regarding availability of certain
1360-evaluation data; amending 70 O.S. 2021, Section 6-
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1387-101.13, which relates to due process procedures;
1388-removing language allowing dismissal or
1389-nonreemployment of a principal who receives certain
1390-evaluation rating; amending 70 O.S. 2021, Section 6-
1391-101.22, which relates to reasons to dismiss c areer
1392-teachers; removing language requiring dismissal or
1393-nonreemployment of teachers who receive certain
1394-evaluation ratings; amending 70 O.S. 2021, Section 6-
1395-101.23, which relates to inapplicability of certain
1396-due process provisio ns; removing language requiring
1397-application of certain evaluation p rovisions to
1398-certain teachers; amending 70 O.S . 2021, Section 6-
1399-101.24, which relates to identification of poor
1400-teacher performance; removing language regarding
1401-actions to be taken upon implementation of certain
1402-evaluation system; allowing rather than requ iring
1403-certain recommendation for dismissal or
1404-nonreemployment to be made; providing statutory
1405-reference; amending 70 O.S. 2021, Section 6-190,
1406-which relates to contracting with teachers; re moving
1407-qualifications for certain teacher c ertificates
1408-related to evaluation ratings; repealing 70 O.S.
1409-2021, Section 6-101.16, which relates to adoption of
1410-the Oklahoma Teacher and Leader Effectiveness
1411-Evaluation System; repealing 70 O.S. 2021, Section 6-
1412-101.31, which relates to basing retention or
1413-reassignment decisions on certain evaluation ratings;
1414-providing an effective date; and decla ring an
1415-emergency.
1416-
1417-
1418-
1419-
1420-
1421-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
1422-SECTION 10. AMENDATORY 51 O.S. 2021, Section 24A.7, is
1423-amended to read as follows:
1424-Section 24A.7. A. A public body may keep personnel records
1425-confidential:
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1452-1. Which relate to internal perso nnel investigations including
1453-examination and selection material for employment, hiring,
1454-appointment, promotion, demotion, discipline, or r esignation; or
1455-2. Where disclosure would constitute a clearly unwarra nted
1456-invasion of personal privacy such as emplo yee evaluations, payroll
1457-deductions, employment applications submitted by person s not hired
1458-by the public body, and transcripts from instit utions of higher
1459-education maintained in the personnel files of certif ied public
1460-school employees; provided, however, that nothing in this subsection
1461-shall be construed to exempt from disclosure th e degree obtained and
1462-the curriculum on the transcripts of certified public school
1463-employees.
1464-B. All personnel records not speci fically falling within the
1465-exceptions provided in subsection A or D of this section shall be
1466-available for public inspection an d copying including, but not
1467-limited to, records of:
1468-1. An employment application of a person who becomes a public
1469-official;
1470-2. The gross receipts of public funds;
1471-3. The dates of employment, title or position; and
1472-4. Any final disciplinary action resu lting in loss of pay,
1473-suspension, demotion of position, or termination.
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1500-C. Except as may otherwise be made confidential by statu te, an
1501-employee of a public body shall have a r ight of access to his own
1502-personnel file.
1503-D. The home addresses, home telephone numbers, Social Security
1504-numbers, private email addresses, and private mobile phone numb ers
1505-of current and former public employe es shall not be open to public
1506-inspection or disclosure; provided, however, that not hing in this
1507-subsection shall be construed to exempt from disclosure public
1508-records created using a pr ivate email address or private mobile
1509-phone.
1510-E. Except as otherwise r equired by Section 6-101.16 of Title 70
1511-of the Oklahoma Statutes, public bodies shal l keep confidential all
1512-records created pursuant to the Oklahoma Teacher and Leader
1513-Effectiveness Evaluation System (TLE) which ide ntify a current or
1514-former public employee and contain any evaluation, observation or
1515-other TLE record of such employee.
1516-SECTION 11. AMENDATORY 70 O.S. 2021, Section 5 -141, is
1517-amended to read as follows:
1518-Section 5-141. A. Each school dist rict of this state shall
1519-adopt a minimum salary schedule and shall transmit a c opy of it to
1520-the State Board of Educat ion within thirty (30) days after adoption.
1521-A school district shall not calculate salaries of teachers solely as
1522-a proportion of the salar ies of the administrators of the district.
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1549-B. Districts shall be encouraged to provide compensation
1550-schedules to reflect district policies and circumstances , including
1551-differential pay for different subject areas and s pecial incentives
1552-for teachers in districts with specific geographical attributes.
1553-Districts may also adopt a salar y schedule that provides additional
1554-compensation for achieving certain ratings un der the Oklahoma
1555-Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
1556-forth in Section 6 of this act. Any salary schedule adopted by a
1557-district pursuant to this se ction shall not set salaries at amount s
1558-less than those set pursuant to Section 18-114.12 18-114.14 of this
1559-title.
1560-C. The State Department of Education shall compile a report o f
1561-the minimum salary schedules fo r every school district in the state
1562-and shall submit the report to the Governor, Speaker of the House of
1563-Representatives, and President Pro Tempore of the Senate no later
1564-than December 15 of each year.
1565-D. Each school district shall file within fifteen (1 5) days of
1566-signing the contract, the employmen t contract of the superintendent
1567-of the school district with the State Department of Education. The
1568-Department shall keep all contracts ava ilable for inspection by the
1569-public. The school district shall not be authorized to pay any
1570-salary, benefits, or other compensation to a superintendent w hich
1571-are not specified in the contract on f ile and shall not pay
1572-administrators any amounts for accumu lated sick leave that are not
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1599-calculated on the same formula used for determining payment for
1600-accumulated sick leave benefits for other full -time employees of
1601-that school district and shall not pay administrators any amounts
1602-for accumulated vacation leave benefits that are not calculated on
1603-the same formula used for determin ing payment for accumulated
1604-vacation leave benefits for other twelve -month full-time employees
1605-of that school district.
1606-E. By October 1 of each year each district board of education
1607-shall prepare a schedule of salaries and fringe benefits paid
1608-administrators employed by the district, including a description of
1609-the fringe benefits. The s chedule shall be a public record and
1610-shall be disclosed as required by the Oklahoma Open Records Act.
1611-The board shall file a copy of the s chedule with the State
1612-Department of Education within one week of completion.
1613-F. For purposes of this section the te rm “administrator” shall
1614-include employees who are employed and certified as superintendents,
1615-assistant superintendents, principals, and as sistant principals and
1616-who have responsibilities for supervising classroom teac hers.
1617-SECTION 12. AMENDATORY 70 O.S. 2021, Section 5 -141.2, is
1618-amended to read as follows:
1619-Section 5-141.2. A. In addition to incentive pay plans
1620-authorized pursuant to Section 4 of t his act, the The State Board of
1621-Education shall develop not fewer than five differen t model
1622-incentive pay plans and shall distr ibute information abo ut each plan
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1648-
1649-to every school district board of education. No plan develope d by
1650-the Board or implemented by a school district board of education
1651-shall permit payment in any one (1) year of inc entives to any one
1652-teacher amounting to mor e than fifty percent (50%) of the regular
1653-salary of the teacher, exclusive of fringe benefits or extra duty
1654-pay. Any incentive p ay award shall be an annual award and shall no t
1655-be a part of a continuing contract of a teacher. Any incentive pay
1656-awards received shall be exclude d from the compensation of a teacher
1657-for purposes of calculating retirement pursuant to the Teachers ’
1658-Retirement System of Oklahoma and shall not be subje ct to taxes
1659-levied by the Federal Insu rance Contributions Act (F.I.C.A.), to the
1660-extent an exemption is provided by federal law.
1661-B. A school district board of education may ado pt an
1662-academically based, distric t incentive pay plan for the classroom
1663-teachers in the district. The district may a dopt any incentive pay
1664-plan consistent with the requirements of this section, which may
1665-include any incentive pay plan developed by the Sta te Board of
1666-Education pursuant to this section. The school district board of
1667-education shall appoint an advisory com mittee consisting of
1668-teachers, parents, bus iness persons or farm ers, and other local
1669-citizens to advise the board in formulating an incenti ve pay plan.
1670-Prior to the adoption of a plan, the board of education shall pla ce
1671-the plan on the school board agenda for public comment and shall
1672-submit the plan to the State Board of Education for final approval
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1699-on or before March 1 prior to implementati on of the plan during the
1700-succeeding school year. The board of education shall comply with
1701-the provisions of this su bsection for any year a plan is to be
1702-modified.
1703-C. A school district shall be required to adopt and i mplement
1704-an academically based, distr ict incentive pay plan for any sc hool
1705-year following the receipt by the school district board of
1706-education, of a peti tion signed by twenty percent (20%) of the
1707-classroom teachers emp loyed in the district which calls for the
1708-adoption of an incentive pay pla n for the district.
1709-D. Student test scores shall not be the sole criterion for
1710-allocation of incentive pay under any plan developed or approved by
1711-the Board.
1712-E. For the purposes of this section only, “classroom teacher”
1713-shall mean any employee who holds certification and assignment
1714-outside the classification of administrator.
1715-F. The State Board of Education shall prom ulgate rules
1716-necessary for the effective im plementation and admin istration of
1717-this section.
1718-G. Each school district board of education sha ll provide for a
1719-local evaluation committee which shall advise the board on whi ch
1720-teachers are to receive incentive p ay awards and the amount of each
1721-incentive pay award according to the plan.
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1748-H. Nothing herein shall p reclude a school district from
1749-supplementing any monies appropriated t o the district for the
1750-purposes of funding the incentive pay plan of the district with
1751-monies from the general fund for the district.
1752-SECTION 13. AMENDATORY 70 O.S. 2021, Section 5-141.4, is
1753-amended to read as follows:
1754-Section 5-141.4. A. 1. In addition to incentive pay pl ans
1755-authorized pursuant to Section 5 -141.2 of this title, beginning with
1756-the 2012-13 school year, a school district may implement an
1757-incentive pay plan that rewards teachers who are increasing student
1758-and school growth in achievement.
1759-2. Teacher performan ce shall be measured using the Oklahoma
1760-Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
1761-forth in Section 6-101.16 of this title.
1762-3. Individual teacher incentive pay awards shall be based upon:
1763-a. achieving either a “superior” or “highly effective”
1764-rating under the TLE, and
1765-b. grade level, subject area, or school level p erformance
1766-success.
1767-B. 1. Beginning with the 2012 -13 school year, a school
1768-district may implement an incentive pay plan as auth orized pursuant
1769-to this section.
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1796-2. For purposes of this section, “leader” means a principal,
1797-assistant principal or any other school administrator who is
1798-responsible for supervising classroom teachers.
1799-3. School leader effectiveness shall be measured us ing the
1800-Oklahoma Teacher and Leader Effective ness Evaluation System (TLE) as
1801-set forth in Section 6-101.16 of this title.
1802-4. Individual school leader incentive pay awards shall be bas ed
1803-upon:
1804-a. achieving either a “superior” or “highly effective”
1805-rating under the TLE, and
1806-b. grade level, subject are a, or school level performance
1807-success.
1808-C. Incentive pay plans implemented pursua nt to subsections A
1809-and B of this section shall be develo ped through a collaborative
1810-planning process involving stakeholders, inc luding teachers and
1811-school leaders.
1812-D. In addition to individual teacher and leader incentive pay
1813-plans, as authorized pursuan t to this section, School districts may
1814-develop and implement incentive pay systems for:
1815-1. Teaching in critical shortage subjec t areas including, but
1816-not limited to, foreign language;
1817-2. Teachers and leaders wh o work in schools identified as in
1818-need of improvement as determined by the State Board of Education;
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1845-3. Teaching in the subject areas of Science science, Technology
1846-technology, Engineering engineering, and Math mathematics (STEM); or
1847-4. Teachers and lea ders who work in schools or school district s
1848-designated by the State Board of Education as hard -to-staff. For
1849-purposes of this section, “leader” means a principal, assista nt
1850-principal, or any other school administrat or who is responsible for
1851-supervising classroom teachers.
1852-E. B. 1. Prior to implementation of any incen tive pay plan
1853-developed pursuant to this section, the school district bo ard of
1854-education shall place the p lan on the agenda for public comment at a
1855-meeting of the district board of education .
1856-2. After approval of the incentive pay p lan, the school
1857-district board of education shall submit th e plan to the State Board
1858-of Education for final approval. Within six ty (60) days of receipt
1859-of the plan, the Stat e Board shall review and approve or rej ect the
1860-plan. If it is determined that the plan meets the require ments of
1861-this section, the State Boa rd shall approve the plan. If the p lan
1862-does not meet the requirements of this section, the State Board
1863-shall reject the plan and provide written notifica tion to the school
1864-district board of educat ion along with the grou nds for rejection.
1865-3. The district board of education shall comply with the
1866-provisions of this subsection for any year a plan is to be modified.
1867-F. C. Any incentive pay award shall be an a nnual award and
1868-shall not be a part of a co ntinuing contract for an e mployee. Any
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1895-incentive pay award to any teacher or leader shall not exceed more
1896-than fifty percent (50 %) of the regular salary of the teacher or
1897-leader, exclusive of fringe benefits or e xtra duty pay. Any
1898-incentive pay awards re ceived shall be excluded f rom compensation
1899-for purposes of calculating retirement pursuant to t he Teachers’
1900-Retirement System of Oklahoma and shall not be subject to taxes
1901-levied by the Federal Insurance Contribut ions Act (F.I.C.A.), to the
1902-extent such exemption is provided by fede ral law.
1903-SECTION 14. AMENDATORY 70 O.S. 2021 , Section 6-101.3, is
1904-amended to read as follows:
1905-Section 6-101.3. As used in Section 6-101 et seq. of this
1906-title:
1907-1. “Administrator” means a duly certified pe rson who devotes a
1908-majority of time to service as a superin tendent, elementary
1909-superintendent, principal, supervisor, vice princi pal, or in any
1910-other administrative or superv isory capacity in the school district;
1911-2. “Dismissal” means the discontinuance of the teaching service
1912-of an administrator or teacher during the term of a written
1913-contract, as provided by law;
1914-3. “Nonreemployment” means the nonrenewal of the contract of an
1915-administrator or teacher upon expira tion of the contract;
1916-4. “Career teacher” means a teacher who:
1917-a. is employed by a school district pr ior to the 2017-
1918-2018 school year and has completed three (3) or more
1919-
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1944-
1945-consecutive complete school years as a teacher in one
1946-school district under a written continuing or
1947-temporary teaching contract , or
1948-b. is employed for the first time by a school district
1949-under a written continuing or tempor ary teaching
1950-contract during the 2 017-2018 school year and
1951-thereafter:
1952-(1) has completed three (3) consecutive complet e
1953-school years as a teacher in one school d istrict
1954-under a written continuing or temporary teaching
1955-contract and has achieved a district e valuation
1956-rating of “superior” as measured pursuant to the
1957-TLE as set forth in Section 6-101.16 of this
1958-title for at least two (2) of the three (3)
1959-school years,
1960-(2) has completed four (4) consecutive complete
1961-school years as a teacher in one school distri ct
1962-under a written continuing or t emporary teaching
1963-contract, has averaged a di strict evaluation
1964-rating of at least “effective” as measured
1965-pursuant to the TLE f or the four-year period, and
1966-has received district evaluati on ratings of at
1967-least “effective” for the last two (2) years of
1968-the four-year period, or
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1994-
1995-(3) has completed four (4 ) or more consecutive
1996-complete school years in one school district
1997-under a written continuing or temporary teaching
1998-contract and has not met the requirements of
1999-subparagraph a or b of this paragraph, only if
2000-the principal of the school at which the teacher
2001-is employed submits a petition to the
2002-superintendent of the school district reque sting
2003-that the teacher be granted career status, the
2004-superintendent agrees with the petition, a nd the
2005-school district board of ed ucation approves the
2006-petition. The principal shall specify in the
2007-petition the underlying facts supporting the
2008-granting of career status to the teacher ;
2009-5. “Teacher hearing” means the hearing before a school district
2010-board of education after a recommenda tion for dismissal or
2011-nonreemployment of a te acher has been made but before any fina l
2012-action is taken on the recommendation, he ld for the purpose of
2013-affording the teacher all rights guar anteed by the United States
2014-Constitution and the Constitution of Oklah oma under circumstances
2015-and for enabling the board to determine whether to approve o r
2016-disapprove the recommendation;
2017-6. “Probationary teacher” means a teacher who:
2018-
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2043-
2044-a. is employed by a school district prior to the 2017 -
2045-2018 school year and has completed fewer than three
2046-(3) consecutive complete schoo l years as a teacher in
2047-one school district under a written teaching contract ,
2048-or
2049-b. is employed for the first time by a school district
2050-under a written teaching contract during the 2017-2018
2051-school year and thereafter and has not met the
2052-requirements for career teacher as provided in
2053-paragraph 4 of this section;
2054-7. “Suspension” or “suspended” means the temporary
2055-discontinuance of the services of an administrator or teacher, as
2056-provided by law; and
2057-8. “Teacher” means a person defined as a teacher has the same
2058-meaning as provided for in Section 1-116 of this title; and
2059-9. “District evaluation rating” means the rating issued based
2060-on the components of the TLE as set forth in subs ection B of Section
2061-6-101.16 of this title.
2062-SECTION 15. AMENDATORY 70 O.S. 20 21, Section 6-101.10,
2063-is amended to read as follows:
2064-Section 6-101.10. A. Each school district board of education
2065-shall may maintain and annually review , following consultation with
2066-or involvement of representatives selected by local teachers, a
2067-written policy of evalua tion and corresponding professional
2068-
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2093-
2094-development for all teachers and administrators. In those school
2095-districts in which there exists a pr ofessional negotiations
2096-agreement made in accordance with Section 509.1 et seq. of this
2097-title, the procedure for evalu ating members of the negotiations unit
2098-and any standards of performance and conduct proposed for adopt ion
2099-beyond those established by the State Board of Education shall be
2100-negotiable items. Nothing in this section shall be construed to
2101-annul, modify, or to preclude the renewal or continuing of any
2102-existing agreement heretofore entered into between any sch ool
2103-district and any organizational representative of its employees.
2104-Every A school district policy of evaluation adopted by a board of
2105-education shall may:
2106-1. Be based upon a set of minimum crit eria developed by the
2107-State Board of Education, which shall be revised and based upon the
2108-Oklahoma Teacher and Leader Effectivene ss Evaluation System (TLE)
2109-developed by the State Board of Education as provided in Section 6-
2110-101.16 of this title. The revisi ons to each policy of evaluation
2111-shall be phased in accordi ng to the following schedule:
2112-a. for the 2014-2015, 2015-2016 and 2016-2017 school
2113-years, the evaluation rating of teachers and
2114-administrators shall be ba sed on the qualitative
2115-component of the TLE . For the 2016-2017 school year,
2116-the State Department of E ducation shall work with
2117-school districts to develop individualized pr ograms of
2118-
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2143-
2144-professional development as describ ed in subsection B
2145-of this section. Ho wever, nothing in this
2146-subparagraph shall p reclude a school district with an
2147-average daily attendance of more than thirty-five
2148-thousand (35,000) from continuing to use quan titative
2149-components which the district has in corporated at its
2150-own expense prior to the 2015-2016 school year into
2151-its evaluation system of teachers and administrators,
2152-as defined by the district’s written policy,
2153-b. for evaluations of teachers and adminis trators
2154-conducted during the 2017-2018 school year, and each
2155-school year thereafter, school districts shall
2156-incorporate and put into operation the qualitative
2157-component of the TLE as pro vided for in subsection B
2158-of Section 6-101.16 of this title into the e valuations
2159-used in all school sites within th e district. For the
2160-2017-2018 school year, and each school year
2161-thereafter, teachers and administrators shall receive
2162-a district evaluation rating based on the components
2163-of the TLE as set forth in subsection B of Section 6-
2164-101.16 of this title. For the 2017-2018 school year,
2165-school districts shall incorporate the individualized
2166-programs of professional development as described in
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2192-
2193-subsection B of this section on a pilot program basis,
2194-and
2195-c. for evaluations of teachers and administrators
2196-conducted during the 2018-2019 school year, and each
2197-school year thereafter, school districts shall fully
2198-incorporate and put into operation the individualize d
2199-programs of professional developme nt as described in
2200-subsection B of this section school district board of
2201-education;
2202-2. Be prescribed in writing at th e time of adoption and at all
2203-times when amendments to the policy are adopted. The original
2204-policy and all amendments to the policy shall be promptly made
2205-available to all persons subject to the policy;
2206-3. Provide that all evaluations be made in writing and that
2207-evaluation documents and responses thereto be maintained in a
2208-personnel file for each evaluat ed person;
2209-4. Provide that every pr obationary teacher receive formati ve
2210-feedback from the evaluation process at le ast two times per school
2211-year, once during the fall semester and once during the s pring
2212-semester;
2213-5. Provide for the development of a focuse d and individualized
2214-program of professional development for the teach er or
2215-administrator;
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2241-
2242-6. Provide that every teacher be evaluated once every year,
2243-except for career teachers receiving a distri ct evaluation rating of
2244-“superior” or “highly effective” under the TLE who may be evaluated
2245-once every three (3) years for the frequency of evaluation of
2246-teachers and administrators; and
2247-6. 7. Provide that, except for the evaluation of
2248-superintendents of independent and elementary school districts and
2249-superintendents of area school districts who shall be evaluated by
2250-the school district board of education, all and the evaluation of
2251-certified personnel shall be evaluated by a principal, assistant
2252-principal, designee of the principal, supervisor, content expert,
2253-department chair, peer committee , or other trained persons or groups
2254-of persons designated by the school district boar d of education.
2255-B. 1. Every policy of professional development adopted by a
2256-school district board of education shall provide for the develo pment
2257-of a focused and individualize d program of professional developm ent
2258-for the teacher or administrator that is consistent with the
2259-qualitative component of the TLE. The policy of professional
2260-development shall:
2261-a. establish an annual professional grow th goal for the
2262-teacher or administr ator that is developed by the
2263-teacher or administrator in collaboration with th e
2264-evaluator,
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2290-
2291-b. be tailored to addre ss a specific area or criteria
2292-identified through the qualitative component of the
2293-TLE,
2294-c. allow the teacher or administrator to actively eng age
2295-with learning practices that a re evidence-based,
2296-researched practices that are correlated with
2297-increased student achievement, and
2298-d. be supported by resource s that are easily available
2299-and supplied by the school dist rict and the State
2300-Department of Education.
2301-2. School districts shall monitor compliance with each
2302-individualized program of professional development implemented
2303-pursuant to this subsection. All professional development completed
2304-pursuant to an individua lized program of professional develo pment
2305-shall count toward the total number of points a teacher or
2306-administrator is required to complete as establish ed by a school
2307-district board of education pur suant to Section 6-194 of this title.
2308-The implementation o f the individualized program of prof essional
2309-development required by t his subsection shall not be construed as
2310-increasing the professional development points requirements.
2311-3. Individualized progra ms of professional development required
2312-by this subsection may include but are not limited to t he following
2313-learning practices:
2314-a. presenter-led workshops,
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2339-24
2340-
2341-b. individual or faculty studies of books, scholarly
2342-articles and video productions,
2343-c. peer observations,
2344-d. committee studies to address student achievement
2345-issues,
2346-e. work related to a specifi c subject area or areas
2347-associated with obtaining an advanced degree or
2348-professional certification,
2349-f. action research projects designed to improve student
2350-achievement, and
2351-g. participation in local, regional or state in itiatives
2352-associated with the develo pment or implementation of
2353-curriculum standards.
2354-C. All individuals designated by the school district board of
2355-education to conduct the personnel evaluations sh all be required to
2356-participate in training conducted by the State Department of
2357-Education or training provided by the school dist rict using
2358-guidelines and materials developed by the State Department of
2359-Education prior to conducting evaluations.
2360-D. The State Department of Education shall may develop and
2361-conduct workshops pursuant to statewide criter ia which train
2362-individuals in conducting evaluations.
2363-E. The State Board of Ed ucation shall monitor compliance with
2364-the provisions of this section by school dis tricts.
2365-
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2390-
2391-F. The State Board of Education shall study contin ued
2392-implementation of the TLE to pro duce a system that promotes
2393-reflection and professional growth for teachers and leaders.
2394-G. Refusal by a school distr ict to comply with the provisions
2395-of this section shall be grounds for withholding State Aid funds
2396-until compliance occurs.
2397-H. C. Data collected pursuant to this section pursuant to a
2398-school district’s evaluation policy shall not be subject to the
2399-Oklahoma Open Meeting Act or the Oklahoma Open Rec ords Act.
2400-SECTION 16. AMENDATORY 7 0 O.S. 2021, Section 6 -101.11,
2401-is amended to read as follows:
2402-Section 6-101.11. Whenever any evaluation is made of a teacher
2403-or administrator pursuant to the provisions of Section 6 -101.10 of
2404-this title, a true copy of the evaluation shall be presented to the
2405-person evaluated, who shall ack nowledge the written evaluation by
2406-signing the original. Within two (2) weeks after the evaluation,
2407-the person evaluated may respond and said response shall be made
2408-part of the record. Except by order of a court of com petent
2409-jurisdiction, evaluation docu ments and the responses thereto sh all
2410-be available only to the evaluated person , the board of education,
2411-the administrative staff making the evaluation, the boar d and
2412-administrative staff of any school to which such eval uated person
2413-applies for employment , and such other persons as are spe cified by
2414-the teacher in writing and shall be subject to disclosure at any
2415-
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2435-20
2436-21
2437-22
2438-23
2439-24
2440-
2441-hearing involving a teacher or administrator ’s dismissal or
2442-nonrenewal from employment. Data collected pursuan t to Section 6-
2443-101.10 shall be avail able to authorized representatives of the State
2444-Department of Education and its contracting designees who must be
2445-contractually bound to the Department to mainta in confidentiality of
2446-all information received from the Dep artment when such evaluation
2447-data is used by the Department for data c ollection/analysis purposes
2448-under the Oklahoma Teacher and Leader Effectiveness Eval uation
2449-System, and such other persons as ar e specified by the teacher in
2450-writing and shall be subject to disclosure at any hearing involvi ng
2451-a teacher or administrator ’s dismissal or nonrenewal from
2452-employment.
2453-SECTION 17. AMENDATORY 70 O.S. 2021, Section 6 -101.13,
2454-is amended to read as follows:
2455-Section 6-101.13. A. Whenever the school district board of
2456-education or the administration of a school d istrict shall determine
2457-that the dismissal or nonreemployment of a full -time certified
2458-administrator from the administrative po sition within the school
2459-district should be effected, the a dministrator shall be entitled to
2460-the following due process procedures :
2461-1. A statement shall be submitted to the a dministrator in
2462-writing prior to the dismissal or nonreemployment which states the
2463-proposed action, lists the reasons for effecting the actio n, and
2464-
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2488-24
2489-
2490-notifies the administrator of his or her right to a hearing bef ore
2491-the school district board of education pr ior to the action; and
2492-2. A hearing before the school district board of education
2493-shall be granted upon the request of the administrator pri or to the
2494-dismissal or nonreemployme nt. A request for a hearing shall be
2495-submitted to the board of education not l ater than ten (10) days
2496-after the administrator has been notified of the proposed action.
2497-B. Failure of the administrator to request a heari ng before the
2498-school district board of education within ten (10) days after
2499-receiving the written statement shall c onstitute a waiver of the
2500-right to a hearing. No decision of the board of educati on
2501-concerning the dismissal or nonreemployment of a full -time certified
2502-administrator shall be effective until the administrator has been
2503-afforded due process as specified in this section. The decisio n of
2504-the school district board of education concerning the dismissal or
2505-nonreemployment, following the hearing, sh all be final.
2506-C. Beginning with the 2017-2018 school year and thereaf ter, a
2507-principal who has received district ev aluation ratings of
2508-“ineffective” as measured pursuant to the TLE as set forth in
2509-Section 6-101.16 of this title for two (2) consecutive scho ol years
2510-may be dismissed or not ree mployed by the school district, su bject
2511-to the due process procedures of this s ection.
2512-SECTION 18. AMENDATORY 70 O.S. 2021, Section 6 -101.22,
2513-is amended to read as follows:
2514-
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2534-20
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2536-22
2537-23
2538-24
2539-
2540-Section 6-101.22. A. Subject to the provisions of the Te acher
2541-Due Process Act of 1990, a c areer teacher may be dismissed or not
2542-reemployed for:
2543-1. Willful neglect of duty;
2544-2. Repeated negligence in performance of duty;
2545-3. Mental or physical abuse to a child;
2546-4. Incompetency;
2547-5. Instructional ineffectivenes s;
2548-6. Unsatisfactory teaching per formance;
2549-7. Commission of an act of moral t urpitude; or
2550-8. Abandonment of contrac t.
2551-B. Subject to the provisions of the T eacher Due Process Act of
2552-1990, a probationary teacher may be dismissed or not reemployed for
2553-cause.
2554-C. During the 2017-2018 school year and thereafter:
2555-1. A career teacher w ho has received a district evaluation
2556-rating of “ineffective” for two (2) consecutive school years shall
2557-be dismissed or not reemployed on th e grounds of instructional
2558-ineffectiveness by the school district, sub ject to the provisions of
2559-the Teacher Due Process Act of 1990. However, the superin tendent
2560-may recommend and the school dist rict board of education may approve
2561-continued employment of t he teacher; and
2562-2. A career teacher who has received a district evalu ation
2563-rating of “needs improvement” or lower for three (3) consecutive
2564-
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2588-24
2589-
2590-school years may be dismissed or not reemployed on the grounds of
2591-instructional ineffectiveness by the school distr ict, subject to the
2592-provisions of the Teacher Due Process Act of 1990.
2593-D. During the 2017-2018 school year and the reafter:
2594-1. A probationary teacher who has received a district
2595-evaluation rating of “ineffective” as measured pursuant to the TLE
2596-for two (2) consecutive school years may be di smissed or not
2597-reemployed by the school district subject to the provisions of t he
2598-Teacher Due Process Act of 1990; and
2599-2. A probationary teacher who has not a ttained career teacher
2600-status within a four -year period may be dismissed or not reemployed
2601-by the school district, subject to the p rovisions of the Teacher Due
2602-Process Act of 1990.
2603-E. A teacher shall be dismissed o r not reemployed, unless a
2604-presidential or gubernatorial pardon has been issued, if during the
2605-term of employment the teacher is convicted in this state, the
2606-United States, or another state of:
2607-1. Any sex offense sub ject to the Sex Offenders Registration
2608-Act in this state or subject to another st ate’s or the federal sex
2609-offender registration provisions; o r
2610-2. Any felony offense.
2611-F. D. A teacher may be dismissed, refused e mployment, or not
2612-reemployed after a finding that such person has engaged in acts th at
2613-could form the basis of criminal charges sufficient to result in the
2614-
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2636-22
2637-23
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2639-
2640-denial or revocation of a cert ificate for a reason set forth in
2641-subparagraph a of paragraph 6 of Sec tion 3-104 of this title.
2642-G. E. As used in this section, “abandonment of contract ” means
2643-the failure of a teacher to report at the beginning of the contract
2644-term or otherwise perform th e duties of a contract of employment
2645-when the teacher has accepted oth er employment or is performing work
2646-for another employer that prevents the teacher f rom fulfilling the
2647-obligations of the contr act of employment.
2648-H. F. A school district shall notify th e State Board of
2649-Education within ten (10) days of the dismissal or no nreemployment
2650-of a probationary or career tea cher for reasons outlined in
2651-subsection F D of this section.
2652-SECTION 19. AMENDATORY 70 O.S. 2021, Section 6 -101.23,
2653-is amended to read as follows:
2654-Section 6-101.23. A. The dismissal, s uspension, and
2655-nonreemployment provisions of the Teacher Due Process Act of 1990
2656-shall not apply to:
2657-1. Substitute teachers;
2658-2. Adult education teachers; and
2659-3. Teachers who are emplo yed on temporary contracts.
2660-B. The dismissal and suspension provision s of the Teacher Due
2661-Process Act of 1990 shal l apply to teachers who are employed on
2662-temporary contracts for a complete school year and to teachers who
2663-are employed in positions fully fu nded by federal or private
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2690548 categorical grants, except that such teache rs shall be employed only
2691549 for the duration of the temporary contract or the grant.
2692550 C. The evaluation provisions in Sections 6 -101.10 and 6-101.11
2693551 of this title and in the Teacher Due Process Act of 1990 shall apply
2694552 to teachers who are employed on temporar y contracts for a complete
2695553 school year and to teachers who are employed in positions fully
2696554 funded by federal or private categorical grants, except that such
2697555 teachers shall be employed only for the duration of the temporary
2698556 contract or the grant.
2699557 D. Teachers other than those specifically excepted in
2700558 subsection A of this section who are em ployed on contracts shall be
2701559 afforded all substantive and procedural rights set forth in the
2702560 Teacher Due Process Act of 1990 including the dismissal, suspension,
2703561 and nonreemployment provisions applicable to probationa ry or career
2704562 teachers as defined in Sec tion 6-101.3 of this title.
2705563 E. D. On and after the effective date of this act any teacher
2706564 who has worked a complete school year under a t emporary contract in
2707565 a school district shall be granted a year of service credi t toward
2708566 career status in that district .
2709567 F. E. No teacher shall be hired on a temporary contract by a
2710568 school district for more than four semesters or on multiple
2711569 temporary contracts by a school district that to gether are for more
2712570 than four semesters, exce pt for a:
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2739598 1. Teacher hired to replace a teacher who is on an approved
2740599 leave of absence and who is expected to return to employment with
2741600 the school district; or
2742-2. Teacher who is a retired member of the Teacher s Retirement
601+2. Teacher who is a retired member of the Teacher s' Retirement
2743602 System of Oklahoma.
2744603 G. F. No teacher shall be offered a temporary con tract with a
2745604 school district without a full written disclosure at the time a
2746605 position is offered by the administration of the school distr ict
2747606 which sets forth the terms and conditions of the temporary contract.
2748607 In the event the school district fails to pr ovide such written
2749608 disclosure, the teacher shall be considered as employed on a
2750609 continuing contract basis.
2751610 H. G. On and after the effecti ve date of this act no teacher
2752611 who is employed on a continuing contract basis b y a school district
2753612 shall be reemployed on a temporary contract in that school district.
2754-SECTION 20. AMENDATORY 70 O.S. 2021, Section 6-101.24,
2755-is amended to read as follows:
2756-Section 6-101.24. A. Upon full implementation of the O klahoma
613+SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.24, is
614+amended to read as follows:
615+Section 6-101.24 A. Upon full implementation of the O klahoma
2757616 Teacher and Leader Effectivenes s Evaluation System (TLE) as set
2758617 forth in Section 6-101.10 of this title , when a teacher receives a
2759618 rating as measured pursuant to the TLE as set forth in Section 6 -
2760619 101.16 of this title that may lead to a recommendati on for the
2761-dismissal or nonreemployment of the teacher or when When an
2762-administrator who has the responsibility of evaluating a teacher
620+dismissal or nonreemployment of the teacher or when an administrator
621+identifies poor performance or conduct that the administrator
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2789-under an evaluation policy adopted pursuant to Section 6-101.10 of
2790-this title identifies poor performance or conduct tha t the
2791-administrator believes may lead t o a recommendation for the
2792-dismissal or nonreemployment of the teacher, the administrator
2793-shall:
649+believes may lead to a recommendation for the dismissal or
650+nonreemployment of the teacher, the administrator shall:
2794651 1. Admonish the teacher, in writing, and make a reasonable
2795652 effort to assist the teacher in correcting the poor perfo rmance or
2796653 conduct; and
2797654 2. Establish a reasonable time for improvement, not to exceed
2798655 two (2) months, taking into consideration the rating on the
2799656 evaluation or the nature and gravi ty of the performance or conduct.
2800657 B. If the teacher does not correct the po or performance or
2801658 conduct cited in the admonition within the time specified, the
2802659 administrator shall may make a recommendation to the superin tendent
2803660 of the school district for the dismissal or nonreemployment of th e
2804661 teacher.
2805662 C. Whenever a member of the bo ard of education, superintendent,
2806663 or other administrator identifies poor performance or conduct that
2807664 may lead to a recommendation for dismiss al or nonreemployment of a
2808665 teacher within the district, the administrator who has
2809-responsibility for evaluation of the teacher under an evaluation
2810-policy adopted pursuant to Section 6 -101.10 of this title shall be
2811-informed, and that administrator shall comply with the procedures
2812-set forth in this section. If the administrator fails or refuses to
666+responsibility for evaluation of the teacher shall be informed, and
667+that administrator shall comply with the procedures set forth in
668+this section. If the administrator fails or refuses to admonish the
669+teacher within ten (10) days after being so informe d by the board,
670+superintendent, or o ther administrator, such board, superi ntendent,
671+or other administrator shall admonish the teacher purs uant to the
672+provisions of this sec tion.
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2839-admonish the teacher with in ten (10) days after being so informe d by
2840-the board, superintendent, or other ad ministrator, such board,
2841-superintendent, or other administrator shall admonish the teacher
2842-pursuant to the provisions of this sec tion.
2843700 D. Repeated negligence in performance of duty, willful neglect
2844701 of duty, incompetency, instructional ineffectivene ss, or
2845702 unsatisfactory teaching perform ance, for a career teacher , or any
2846703 cause related to inadequate t eaching performance for a probatio nary
2847704 teacher, shall not be a basis for a reco mmendation to dismiss or not
2848705 reemploy a teacher unless and until the provis ions of this section
2849706 have been complied with.
2850-SECTION 21. AMENDATORY 70 O.S. 2021, Section 6-190, is
707+SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-190, is
2851708 amended to read as follows:
2852709 Section 6-190. A. The board of education of each school
2853710 district shall employ and contract in writin g, as required in
2854711 Section 6-101 of this title, only with persons c ertified to teach by
2855712 the State Board of Education in accordance with t he Oklahoma Teacher
2856713 Preparation Act, except a s otherwise provided for by Section 6 -101
2857714 of this title and by other law.
2858715 B. The Board shall issue a certificate to teach to any person
2859716 who:
2860717 1. Has successfully completed th e teacher education program
2861718 required by the Commission for Educational Quality an d
2862719 Accountability;
720+2. Has graduated fro m an accredited institution of highe r
721+education that has approval or accre ditation for teacher educati on;
722+3. Has met all other requirem ents as may be established by the
723+Board;
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2889-2. Has graduated fro m an accredited institution of higher
2890-education that has approval or accreditation for teacher educati on;
2891-3. Has met all other requirem ents as may be established by the
2892-Board;
2893751 4. Has made the necessary application a nd paid the competency
2894752 examination fee in an amount and as prescribed by th e Commission;
2895753 5. Has successfully com pleted the competency examin ation
2896754 required in Section 6 -187 of this title; and
2897755 6. Beginning November 1, 2001, has on file with the Board a
2898756 current Oklahoma criminal history record f rom the Oklahoma State
2899757 Bureau of Investigation as well as a national crimi nal history
2900758 record check as defined in Section 150.9 of Title 74 of the Oklahoma
2901759 Statutes. Upon receipt of the Oklahoma criminal history recor d, the
2902760 Board may issue a temporary cert ificate which shall be effective
2903761 until receipt of the national fingerprint -based criminal history
2904762 record. The person applying for a cer tificate shall be responsible
2905763 for the cost of the criminal history records.
2906764 C. The Board shall issue a certificate to t each to any person
2907765 who:
2908766 1. Holds an out-of-state certificate and meets th e requirements
2909767 set forth in subsection G of this section;
2910768 2. Holds certification from the Nationa l Board for Professional
2911769 Teaching Standards;
770+3. Holds an out-of-country certificate and meets the
771+requirements set fort h in subsection F of this section; or
772+4. Has successfully complet ed a competency examination used i n
773+the majority of other states or co mparable customized exam and meets
774+the requirements set forth in subsection H of thi s section.
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2938-3. Holds an out-of-country certificate and meets the
2939-requirements set forth in su bsection F of this section; or
2940-4. Has successfully complet ed a competency examination used i n
2941-the majority of other states or co mparable customized exam and meets
2942-the requirements set forth in subsection H of thi s section.
2943802 D. Beginning July 1, 200 4, any person applying for initial
2944803 Oklahoma certification shall ha ve on file with the Board a curren t
2945804 Oklahoma criminal history record f rom the Oklahoma State Bureau of
2946805 Investigation as well as a national criminal histor y record check as
2947806 defined in Section 150.9 of Title 74 of the Oklahoma Sta tutes. Upon
2948807 receipt of the Oklahoma criminal history record, the Board may issue
2949808 a temporary certificate which shall be effective until receip t of
2950809 the national fingerprint -based criminal history record. The person
2951810 applying for a certificate shall be resp onsible for the cost of the
2952811 criminal history records.
2953812 E. Any person holding a valid certificate, issued prior to
2954813 January 1, 1997, shall be a c ertified teacher for purposes of the
2955814 Oklahoma Teacher Preparation Act, subj ect to any professional
2956815 development requirements prescribed by the Oklahoma Teacher
2957816 Preparation Act or by the State Board of Education.
2958817 F. 1. The Board shall issue a certificate t o teach to a person
2959818 who holds a valid out-of-country certificate and meets any
2960819 requirements established by the Bo ard. The certificate to tea ch
2961820 shall only be for those subject areas and grade levels most closely
821+aligned to the subject areas and grade level s recognized on the out -
822+of-country certificate.
823+2. A person who meets the requirements of paragraph 1 of this
824+subsection shall not be requir ed to take any competency examinat ions
825+in those subject areas and grad e levels most closely aligned to the
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2988-aligned to the subject areas and grade level s recognized on the out -
2989-of-country certificate.
2990-2. A person who meets the require ments of paragraph 1 of this
2991-subsection shall not be requir ed to take any competency examinat ions
2992-in those subject areas and grad e levels most closely aligned to the
2993853 subject areas and grade levels recognized on th e out-of-country
2994854 certificate.
2995855 3. A person who meets the requirements of p aragraph 1 of this
2996856 subsection shall have on file with the Boar d a current Oklahoma
2997857 criminal history record check from the Oklahoma State Bureau of
2998858 Investigation as well as a national criminal history record check as
2999859 defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
3000860 receipt of the Oklahoma criminal history record check, the Board may
3001861 issue a temporary certificate which shall be effective until receipt
3002862 of the national fingerprint-based criminal history record check.
3003863 The person applying for a certificate shall be resp onsible for the
3004864 cost of the criminal history record checks.
3005865 4. The Board shall promulgate rules establishing a pro cess by
3006866 which out-of-country certificates will be reviewed and evaluated fo r
3007867 purposes of awarding a certificate t o teach pursuant to this
3008868 subsection.
3009869 G. 1. The Board shall i ssue a certificate to teach to a per son
3010870 who holds a valid out-of-state certificate. The certificate to
3011871 teach shall only be for those subject areas and grad e levels most
872+closely aligned to the s ubject areas and grade level s recognized on
873+the out-of-state certificate.
874+2. A person who meets t he requirements of paragraph 1 of this
875+subsection shall not be required to take any competency examinations
876+in those subject areas and grade levels most close ly aligned to the
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3038-closely aligned to the subject areas and grade level s recognized on
3039-the out-of-state certificate.
3040-2. A person who meets t he requirements of paragraph 1 of this
3041-subsection shall not be required to take any competency examinations
3042-in those subject areas and grade levels most closely aligned to the
3043904 subject areas and grade levels recognized on the out-of-state
3044905 certificate.
3045906 3. A person who meets the requirements of this su bsection shall
3046907 have on file with the Bo ard a current Oklahoma criminal hist ory
3047908 record check from the Oklahoma Sta te Bureau of Investigation a s well
3048909 as a national criminal hist ory record check as defined in Secti on
3049910 150.9 of Title 74 of the Oklahoma Statutes . Upon receipt of the
3050911 Oklahoma criminal history record check, the Board ma y issue a
3051912 temporary certificate which shall be effective until rec eipt of the
3052913 national fingerprint -based criminal history record check. The
3053914 person applying for a certificate shall be responsible for the cost
3054915 of the criminal history record checks.
3055916 H. 1. The Board shall issue a certificate to teach to a person
3056917 who has successfully completed a competency exam used in a majority
3057918 of the other states. The certificate to teach shall onl y be for
3058919 those subject areas and grade levels that correspond with a
3059920 certification area used in Oklahoma.
3060921 2. A person who meets the requirem ents of paragraph 1 of this
3061922 subsection shall have on file with the Boa rd a current Oklahoma
923+criminal history record check from the Oklahoma State Bureau o f
924+Investigation as well as a nationa l criminal history record check as
925+defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes. U pon
926+receipt of the Oklahoma criminal history record check, the Board may
927+issue a temporary certificate which shall be ef fective until receipt
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3088-criminal history record check from the Oklahoma State Bureau o f
3089-Investigation as well as a national crimi nal history record check as
3090-defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes. U pon
3091-receipt of the Oklahoma criminal history record check, the Board may
3092-issue a temporary certificate which shall be ef fective until receipt
3093955 of the national fingerprint-based criminal history r ecord check.
3094956 The person applying for a certificate shall be r esponsible for the
3095957 cost of the criminal history record checks.
3096958 I. The Board shall issue a lead teaching certificate to any
3097959 person who upon application:
3098960 1. Has successfully completed the requir ements of this
3099961 subsection;
3100962 2. Has a minimum of five (5) years of experience as a teacher;
3101963 3. Participates in a meaningful individualized prog ram of
3102964 professional development, as pro vided for in Section 6 -101.10 of
3103965 this title;
3104-4. Has earned a highly effective or superior rating
966+4. Has earned a "highly effective" or "superior" rating
3105967 pursuant to Section 6 -101.16 of this title; and
3106-5. 3. May have a teaching load of not more than seventy-five
968+5. 4. May have a teaching load of not more than seventy-five
3107969 percent (75%) student instruction to allow t he teacher to mentor
3108970 other teachers.
3109971 J. 1. The Board shall issue a maste r teaching certificate to
3110972 any person who upon application:
973+a. has successfully completed the requi rements of this
974+subsection,
975+b. has a minimum of seven (7) years of experience as a
976+teacher, and
977+c. (1) has earned a "superior" rating pursuant to
978+Section 6-101.16 of this title, or
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3137-a. has successfully completed the requi rements of this
3138-subsection, and
3139-b. has a minimum of seven (7) years of experience as a
3140-teacher, and
3141-c. (1) has earned a “superior” rating pursuant to
3142-Section 6-101.16 of this title, or
3143-(2) has earned a “highly effective” rating pursuant
1006+(2) has earned a "highly effective" rating pursuant
31441007 to Section 6-101.16 of this title and holds or
31451008 has held a National B oard certification from the
31461009 National Board for Professional Teaching
31471010 Standards.
31481011 2. Teachers with a master teach ing certificate may assum e
31491012 leadership roles that include but are not limited to:
31501013 a. the planning and delivery of professional development
31511014 activities designed to improve instructio nal
31521015 strategies,
31531016 b. the facilitation of an instructional leadership team
31541017 within the building or school district in which the
31551018 lead teacher is assigned, and
31561019 c. the mentoring of other teachers and participation in
31571020 evaluations of other teachers.
31581021 3. Teachers with a master teaching certificate may ha ve a
31591022 teaching load of not more than fi fty percent (50%) student
31601023 instruction to allow the lead teacher t o spend time on:
1024+a. co-teaching,
1025+b. co-planning,
1026+c. peer reviews, and
1027+d. other duties mutually agreed upon by the
1028+superintendent and the master teacher , and may be used
1029+to satisfy the qualita tive evaluation component for
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3187-a. co-teaching,
3188-b. co-planning,
3189-c. peer reviews, and
3190-d. other duties mutually agreed upon by the
3191-superintendent and the master teacher , and may be used
3192-to satisfy the qualitative evaluation component for
31931057 teachers as required by Section 6 -101.16 of this title
31941058 by performing the duties set forth in this paragraph .
31951059 K. The State Board of Education shall a dopt rules to implement
31961060 a renewal schedule and associated fees for lead and m aster teaching
31971061 certificates. The rules shall allow a teacher tha t no longer meets
31981062 the requirements of a lead or master teaching certificate to make
31991063 application for the standard t eaching certificate.
32001064 L. The terms of the contracts issued to those holding l ead and
32011065 master teaching certificates shall include the following:
32021066 1. Lead: an additional ten (10) days to be used to strengthen
32031067 instructional leadership. A person with a lead t eaching certificate
32041068 shall receive an annual salary supplement of at least Thr ee Thousand
3205-Dollars ($3,000.00) or the district s daily rate of pay, whichever
1069+Dollars ($3,000.00) or the district 's daily rate of pay, whichever
32061070 is higher, in addition to the salary for which the teacher qualif ies
32071071 pursuant to Section 18 -114.14 of this title; and
32081072 2. Master: an addit ional fifteen (15) days to be used to
32091073 strengthen leadership. A person with a master teaching certifica te
32101074 shall receive an annual sal ary supplement of at least Five Thousand
1075+Dollars ($5,000.00) or the district 's daily rate of pay, whichever
1076+is higher, in addition to the salary for which the te acher qualifies
1077+pursuant to Section 18-114.14 of this title.
1078+If a person with a lead or master teaching certificate changes
1079+school districts dur ing the life of the certificate, th e terms of
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3237-Dollars ($5,000.00) or the district ’s daily rate of pay, whichever
3238-is higher, in addition to the salary for which the teacher qualifies
3239-pursuant to Section 18-114.14 of this title.
3240-If a person with a lead or master teaching certificate changes
3241-school districts dur ing the life of the certificate, th e terms of
32421107 the contracts required in th is subsection shall be subject to
32431108 approval by the new employing school district.
32441109 M. 1. Any person who is eligible for a lead or mas ter teaching
32451110 certificate described in this sectio n shall make application for the
32461111 following school year with the State Boar d of Education. The
32471112 application shall include a recommendation from the local school
32481113 district board of education and determination that the applicant has
32491114 met the statutory criteria. In reviewing an application, the local
32501115 school district board of education and the superintendent shall
32511116 consider the ability of the scho ol district to fulfill the
32521117 additional requirement s described in subsections I and J of this
32531118 section before making a rec ommendation to the State Board of
32541119 Education.
32551120 2. The State Department of E ducation shall develop an
32561121 application to implement the provisio ns of this subsection and make
32571122 it available to school districts.
32581123 N. Beginning in the 2021-2022 school year, the Depart ment shall
32591124 make the teaching certif icates provided for in this section
32601125 available for any person who has received a recommendation from
1126+their local school district board of education and who meets the
1127+eligibility criteria.
1128+O. For the 2019-2020 and 2020-2021 school years, the Department
1129+shall identify school districts to implemen t the teaching
1130+certificates provided f or in this section on a p ilot program basis
32611131
3262-ENGR. S. B. NO. 1535 Page 40 1
1132+SB1535 HFLR Page 23
1133+BOLD FACE denotes Committee Amendments. 1
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3287-their local school district board of education and who meets the
3288-eligibility criteria.
3289-O. For the 2019-2020 and 2020-2021 school years, the Department
3290-shall identify school districts to implement th e teaching
3291-certificates provided for in this section on a p ilot program basis
32921158 with the assistance of public -private partnerships, funding from
32931159 philanthropic organizations , or federal grants.
32941160 P. The Department sha ll seek funding necessary for the
32951161 administration of this section. If funding for the administration
3296-of the teaching certificates listed in subsections I and J is not
3297-available, the Department shall not be required to ful fill the
3298-requirements listed in sub sections L, M, N, and O of this section.
1162+of the teaching certificates listed in subsections I and J of this
1163+section is not available, the Department shall not be required to
1164+fulfill the requirements listed in sub sections L, M, N, and O of
1165+this section.
32991166 Q. The State Board of Education shall promulgate rules to
33001167 implement the provisions of this act.
3301-SECTION 22. REPEALER 70 O.S. 2021, Sections 6-101.16 and
3302-6-101.31, are hereby repealed.
3303-SECTION 23. This act shall become effective July 1, 2022.
3304-SECTION 24. It being immediately necessary for the preser vation
1168+SECTION 7. REPEALER 70 O.S. 2021, Section 6-101.10, is
1169+hereby repealed.
1170+SECTION 8. This act shall be come effective July 1, 2022.
1171+SECTION 9. It being immediately necessary for the preser vation
33051172 of the public peace, heal th or safety, an emergency is hereby
33061173 declared to exist, by reason whereof thi s act shall take effect and
33071174 be in full force from and after its passage and approval.
33081175
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3333-
3334-Passed the Senate the 21st day of March, 2022.
3335-
3336-
3337-
3338- Presiding Officer of the Senate
3339-
3340-
3341-Passed the House of Representatives the ____ day of __________,
3342-2022.
3343-
3344-
3345-
3346- Presiding Officer of the House
3347- of Representatives
3348-
3349-
1176+COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/13/2022
1177+- DO PASS, As Amended.