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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1535 By: Pugh of the Senate
and
Osburn of the House
An Act relating to teachers; amending 51 O.S. 2021,
Section 24A.7, which relates to confidentiality of
certain personnel records ; removing language
regarding confidentiality of records created pursuant
to certain evaluation system; amending 70 O .S. 2021,
Section 5-141, which relates to schoo l district
minimum salary schedules; removing language allowing
additional compensation for certain evaluation
ratings; updating statutory reference; amending 70
O.S. 2021, Section 5-141.2, which relates to model
incentive pay plans; removing statutory ref erence;
amending 70 O.S. 2021, Section 5-141.4, which relates
to teacher incentive pay awards; removing language
allowing an incentive pay plan to be based on
performance measured by certain system; updating
language; providing definition; amending 70 O.S.
2021, Section 6-101.3, which relates to definitions
related to teachers; modify ing definitions; amending
70 O.S. 2021, Section 6-101.10, which relates to
school district evaluation policies; removing
reference to certain professional development;
allowing rather than requiring school districts to
adopt certain evaluation policies; removing
references to implementation of the Oklahoma Teacher
and Leader Effectiveness Evaluation System; providing
for contents that may be included in an evaluation
policy; removing requirement for an individualized
program of professional development; removing
requirement for training of certain evaluation
personnel; allowing rather than requiring the State
Department of Education to conduct certain workshops;
removing language directing the State Board of
Education to monitor certain compliance; amending 70
O.S. 2021, Section 6-101.11, which relates to copies
of evaluations; providing sta tutory reference;
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removing language regarding availability of certain
evaluation data; amending 70 O.S. 2021, Section 6-
101.13, which relates to due process procedures;
removing language allowing dismissal or
nonreemployment of a principal who receives cer tain
evaluation rating; amending 70 O.S. 2021, Section 6-
101.22, which relates to reasons to dismiss c areer
teachers; removing language requiring dismissal or
nonreemployment of teachers who receive certain
evaluation ratings; amending 70 O.S. 2021, Section 6-
101.23, which relates to inapplicability of certain
due process provisions; removing language requiring
application of certain evaluation p rovisions to
certain teachers; amending 70 O.S . 2021, Section 6-
101.24, which relates to identification of poor
teacher performance; removing language regarding
actions to be taken upon implementation of certain
evaluation system; allowing rather than requ iring
certain recommendation for dismissal or
nonreemployment to be made; providing statutory
reference; amending 70 O.S. 2021, Section 6-190,
which relates to contracting with teachers; removing
qualifications for certain teacher c ertificates
related to evaluation ratings; repealing 70 O.S.
2021, Section 6-101.16, which relates to adoption of
the Oklahoma Teacher and Leader Effectiveness
Evaluation System; repealing 70 O.S. 2021, Section 6-
101.31, which relates to basing retention or
reassignment decisions on certain evaluation ratings;
providing an effective date; and decla ring an
emergency.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"[ teachers - effective date –
emergency ]
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BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O. S. 2021, Section 6-101.3, is
amended to read as follows:
Section 6-101.3 As used in Section 6-101 et seq. of this title:
1. "Administrator" means a duly certified person who devotes a
majority of time to service as a superin tendent, elementary
superintendent, principal, supervisor, vice princi pal, or in any
other administrative or superv isory capacity in the school d istrict;
2. "Dismissal" means the discontinuance of the teaching service
of an administrator or teacher during the term of a written
contract, as provided by law;
3. "Nonreemployment" means the nonrenewal of the contract of an
administrator or teacher up on expiration of the contract;
4. "Career teacher" means a teacher who:
a. is employed by a school district pr ior to the 2017-
2018 school year and has completed three (3) or more
consecutive complete school years as a teacher in one
school district under a written continuing or
temporary teaching contract, or
b. is employed for the first time by a school district
under a written continuing or temporary teaching
contract during the 2 017-2018 school year and
thereafter:
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(1) has completed three (3) consecutiv e complete
school years as a teacher i n one school district
under a written continuing or temporary teaching
contract and has achieved a dist rict evaluation
rating of "superior" as measured pursuant to the
TLE as set forth in Section 6-101.16 of this
title for at least two (2) of the three (3)
school years,
(2) has completed four (4) consecutive complete
school years as a teacher in one school district
under a written continuing or t emporary teaching
contract, has averaged a di strict evaluation
rating of at least "effective" as measured
pursuant to the TLE for the four -year period, and
has received district evaluati on ratings of at
least "effective" for the last two (2) years of
the four-year period, or
(3) has completed four (4 ) or more consecutive
complete school years in one school district
under a written continuing or temporary teaching
contract and has not met the requirements of
subparagraph a or b of this paragraph, only if
the principal of the school at which the teacher
is employed submits a petitio n to the
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superintendent of the school district requesting
that the teacher be granted career status, the
superintendent agrees with the petit ion, and the
school district board of ed ucation approves the
petition. The principal shall specify in the
petition the underlying facts supporting the
granting of career status to the teacher ;
5. "Teacher hearing" means the hearing before a school distri ct
board of education after a recommenda tion for dismissal or
nonreemployment of a te acher has been made but before any final
action is taken on the reco mmendation, held for the purpose of
affording the teacher all rights guar anteed by the United States
Constitution and the Constitution of Oklah oma under circumstances
and for enabling the board to determine whether to approve or
disapprove the recommendati on;
6. "Probationary teacher " means a teacher who:
a. is employed by a school district prior to the 20 17-
2018 school year and has completed fewer than three
(3) consecutive complete schoo l years as a teacher in
one school district under a written teaching contract,
or
b. is employed for the first time by a school district
under a written teaching contract during the 2017-2018
school year and thereafter and has not met the
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requirements for career teacher as provided in
paragraph 4 of this section;
7. "Suspension" or "suspended" means the temporary
discontinuance of the services of an administrator or teache r, as
provided by law;
8. "Teacher" means a person defined as a teacher has the same
meaning as provided for in Section 1-116 of this title; and
9. "District evaluation rating " means the rating issued based
on the components of the TLE as set forth in s ubsection B of Section
6-101.16 of this title.
SECTION 2. AMENDATORY 7 0 O.S. 2021, Section 6-101.11, is
amended to read as foll ows:
Section 6-101.11 Whenever any evaluation is made of a teacher
or administrator, a true copy of the evaluation shall be presented
to the person evaluated, who shall ack nowledge the written
evaluation by signing the original. Within two (2) weeks after the
evaluation, the person evalua ted may respond and said response shal l
be made part of the record. Except by order of a court of com petent
jurisdiction, evaluation docu ments and the responses thereto sh all
be available only to the evaluated person , the board of education,
the administrative staff making the evaluation, the board and
administrative staff of any school to which such eval uated person
applies for employment , and such other persons as are spe cified by
the teacher in writing and shall be subject to disclosure at any
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hearing involving a teacher or administrator 's dismissal or
nonrenewal from employment. Data collected pursuan t to Section 6-
101.10 shall be avail able to authorized representatives of the State
Department of Education and its contracting designees who must be
contractually bound to the Department to m aintain confidentiality of
all information received from the Dep artment when such evaluation
data is used by the Department for data c ollection/analysis purposes
under the Oklahoma Teacher and Leader Effectiveness Eval uation
System, and such other persons as are specified by the teache r in
writing and shall be subject to disclosure at any hearing involvi ng
a teacher or administrator 's dismissal or nonrenewal from
employment.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -101.16, is
amended to read as follows:
Section 6-101.16 A. By December 15, 2011, the State Board of
Education shall adopt a new statewide system of evalua tion to be
known as the Oklahoma Teacher and Leader Effectiveness Evaluation
System (TLE). The Board shall wor k cooperatively with school
districts to incorporate the components of the TLE in all school
districts by the 2017 -2018 school year as provided for in Section 6-
101.10 of this title.
B. The TLE shall include the following co mponents:
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1. Annual evaluation s that provide feedback to imp rove student
learning and outcomes, except as provided for in subsection C D of
this section;
2. A five-tier district evaluation rating system as follows:
a. superior,
b. highly effective,
c. effective,
d. needs improvement, and
e. ineffective;
3. An evidence-based qualitative assessment tool for the
teacher qualitative portion of the TLE that will include observable
and measurable characteristics of personnel and classroom practices
that are correlated to student performance success, including, but
not limited to:
a. organizational and classroom management skills,
b. ability to provide effective instruction,
c. focus on continuous improvement and professional
growth,
d. interpersonal skills, and
e. leadership skills;
4. An evidence-based qualitative asse ssment tool for the leader
qualitative portion of the TLE that will include observable and
measurable characteristi cs of personnel and site management
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practices that are correlated to student perfo rmance success,
including, but not limited to:
a. organizational and school management, including
retention and development of effective teachers and
dismissal of ineffective teachers,
b. instructional leadership,
c. professional growth and responsibility,
d. interpersonal skills,
e. leadership skills, and
f. stakeholder perceptions;
5. An individualized program of professional development for
all teachers and administrators as adopted by the school district
board of education as set forth in subsection B of Section 6-101.10
of this title;
6. For districts choosi ng to use, at their own expense,
quantitative measures of teachers and leaders as part of the
district evaluation r ating, such measures shall include a minimum of
one reliable, research -based measure as approved by the State B oard
of Education pursuant to subsection D E of this section; and
7. 6. For all district evaluations, student performance,
including performance on the statewide criterion-referenced tests if
available, shall be discussed with the teacher and may be one o f the
considerations for the t eacher's district evaluation rating.
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C. School districts may submit a request to the State Board of
Education to use an alternate evaluation system other than the
system selected by the Board pursuant to subsection A of this
section if the school district establishes the capacity to implement
a research-based performance review ev aluation system which meets
the criteria of the TLE system.
D. Career teachers receiving a district evaluation rating of
"superior" or "highly effective" under the TLE may be eva luated once
every three (3) years.
D. E. By December 1, 2015, the Teacher and Leader Effectiveness
Commission shall recommend to the State Board of Education multiple
reliable, research-based measures to provide a quantitativ e
evaluation component for tea chers. The State Board of Education
shall approve and publish a list of approved measures by February 1,
2016.
E. F. A school district with an average daily attendance of
more than thirty-five thousand (35,000) which has inc orporated
quantitative compone nts of the TLE into its evaluation system of
teachers and administrators prior to the 2015 -2016 school year may
continue using its evaluation system, as defined by the school
district's written policies, notwithstanding the pr ovisions of this
section and regardless of the State Board of Education 's adoption of
quantitative components pursuant to this section.
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F. G. The State Department of Education shall provide to the
Oklahoma State Regents for Higher Education and the Oklaho ma
Commission for Educational Quality and Accountability timely
electronic data linke d to teachers and leaders derived from the TLE
for purposes of providing a basis for the development of
accountability and quality improvements of the teacher preparation
system. The data shall be pro vided in a manner and at such times as
agreed upon between the Department, the State Regents and the
Commission.
G. H. For purposes of this section, "leader" means a principal,
assistant principal or any other school administ rator who is
responsible for supervising classroom teachers.
H. I. The State Department of Educa tion may collect school
district evaluation information only as is required for federal
reporting. The State Department of Education shall keep all data
collected pursuant to the TLE and records of annual evaluations
received pursuant to this section confidential. Records created
pursuant to this sect ion which identify, in any way, a current or
former public employee shall n ot be subject to disclosure under th e
Oklahoma Open Records Act. Nothing in this subsection shall be
construed to prohibit disclosure otherwise required by this section;
provided, however, any provisions requiring disclosure of TLE
records shall be constr ued narrowly and all individually id entifying
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information shall be removed from such records to the fullest extent
possible.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.23, is
amended to read as follows:
Section 6-101.23 A. The dismissal, s uspension, and
nonreemployment provisions of the Teacher Due Process Act of 1990
shall not apply to:
1. Substitute teachers;
2. Adult education teachers; and
3. Teachers who are employed on temporary contracts.
B. The dismissal and suspension provision s of the Teacher Due
Process Act of 1990 shal l apply to teachers who are employed on
temporary contracts for a complete school year and to teachers who
are employed in positions fully funded by federal or private
categorical grants, except that such teache rs shall be employed only
for the duration of the temporary contract or the grant.
C. The evaluation provisions in Sections 6 -101.10 and 6-101.11
of this title and in the Teacher Due Process Act of 1990 shall apply
to teachers who are employed on temporar y contracts for a complete
school year and to teachers who are employed in positions fully
funded by federal or private categorical grants, except that such
teachers shall be employed only for the duration of the temporary
contract or the grant.
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D. Teachers other than those specifically excepted in
subsection A of this section who are em ployed on contracts shall be
afforded all substantive and procedural rights set forth in the
Teacher Due Process Act of 1990 including the dismissal, suspension,
and nonreemployment provisions applicable to probationa ry or career
teachers as defined in Sec tion 6-101.3 of this title.
E. D. On and after the effective date of this act any teacher
who has worked a complete school year under a t emporary contract in
a school district shall be granted a year of service credi t toward
career status in that district .
F. E. No teacher shall be hired on a temporary contract by a
school district for more than four semesters or on multiple
temporary contracts by a school district that to gether are for more
than four semesters, exce pt for a:
1. Teacher hired to replace a teacher who is on an approved
leave of absence and who is expected to return to employment with
the school district; or
2. Teacher who is a retired member of the Teacher s' Retirement
System of Oklahoma.
G. F. No teacher shall be offered a temporary con tract with a
school district without a full written disclosure at the time a
position is offered by the administration of the school distr ict
which sets forth the terms and conditions of the temporary contract.
In the event the school district fails to pr ovide such written
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disclosure, the teacher shall be considered as employed on a
continuing contract basis.
H. G. On and after the effecti ve date of this act no teacher
who is employed on a continuing contract basis b y a school district
shall be reemployed on a temporary contract in that school district.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 6-101.24, is
amended to read as follows:
Section 6-101.24 A. Upon full implementation of the O klahoma
Teacher and Leader Effectivenes s Evaluation System (TLE) as set
forth in Section 6-101.10 of this title , when a teacher receives a
rating as measured pursuant to the TLE as set forth in Section 6 -
101.16 of this title that may lead to a recommendati on for the
dismissal or nonreemployment of the teacher or when an administrator
identifies poor performance or conduct that the administrator
believes may lead to a recommendation for the dismissal or
nonreemployment of the teache r, the administrator shall:
1. Admonish the teacher, in writing, and make a reasonable
effort to assist the teacher in correcting the poor perfo rmance or
conduct; and
2. Establish a reasonable time for improvement, not to exceed
two (2) months, taking in to consideration the rating on the
evaluation or the nature and gravi ty of the performance or conduct.
B. If the teacher does not correct the po or performance or
conduct cited in the admonition within the time specified, the
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administrator shall may make a recommendation to the superin tendent
of the school district for the dismissal or nonreemployment of th e
teacher.
C. Whenever a member of the bo ard of education, superintendent,
or other administrator identifies poor performance or conduct that
may lead to a recommendation for dismiss al or nonreemployment of a
teacher within the district, the administrator who has
responsibility for evaluation of the teacher shall be informed, and
that administrator shall comply with the procedures set forth in
this section. If the administrator fails or refuses to admonish the
teacher within ten (10) days after being so informe d by the board,
superintendent, or o ther administrator, such board, superi ntendent,
or other administrator shall admonish the teacher purs uant to the
provisions of this sec tion.
D. Repeated negligence in performance of duty, willful neglect
of duty, incompetency, instructional ineffectivene ss, or
unsatisfactory teaching perform ance, for a career teacher , or any
cause related to inadequate t eaching performance for a probatio nary
teacher, shall not be a basis for a reco mmendation to dismiss or not
reemploy a teacher unless and until the provis ions of this section
have been complied with.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-190, is
amended to read as follows:
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Section 6-190. A. The board of education of each school
district shall employ and contract in writin g, as required in
Section 6-101 of this title, only with persons c ertified to teach by
the State Board of Education in accordance with t he Oklahoma Teacher
Preparation Act, except a s otherwise provided for by Section 6 -101
of this title and by other law.
B. The Board shall issue a certificate to teach to any person
who:
1. Has successfully completed th e teacher education program
required by the Commission for Educational Quality an d
Accountability;
2. Has graduated fro m an accredited institution of highe r
education that has approval or accre ditation for teacher educati on;
3. Has met all other requirem ents as may be established by the
Board;
4. Has made the necessary application a nd paid the competency
examination fee in an amount and as prescribed by th e Commission;
5. Has successfully com pleted the competency examin ation
required in Section 6 -187 of this title; and
6. Beginning November 1, 2001, has on file with the Board a
current Oklahoma criminal history record f rom the Oklahoma State
Bureau of Investigation as well as a national crimi nal history
record check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history recor d, the
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Board may issue a temporary cert ificate which shall be effective
until receipt of the national fingerprint -based criminal history
record. The person applying for a cer tificate shall be responsible
for the cost of the criminal history records.
C. The Board shall issue a certificate to t each to any person
who:
1. Holds an out-of-state certificate and meets th e requirements
set forth in subsection G of this section;
2. Holds certification from the Nationa l Board for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set fort h in subsection F of this section; or
4. Has successfully complet ed a competency examination used i n
the majority of other states or co mparable customized exam and meets
the requirements set forth in subsection H of thi s section.
D. Beginning July 1, 200 4, any person applying for initial
Oklahoma certification shall ha ve on file with the Board a curren t
Oklahoma criminal history record f rom the Oklahoma State Bureau of
Investigation as well as a national criminal histor y record check as
defined in Section 150.9 of Title 74 of the Oklahoma Sta tutes. Upon
receipt of the Oklahoma criminal history record, the Board may issue
a temporary certificate which shall be effective until receip t of
the national fingerprint -based criminal history record. The person
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applying for a certificate shall be resp onsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issued prior to
January 1, 1997, shall be a c ertified teacher for purposes of the
Oklahoma Teacher Preparation Act, subj ect to any professional
development requirements prescribed by the Oklahoma Teacher
Preparation Act or by the State Board of Education.
F. 1. The Board shall issue a certificate t o teach to a person
who holds a valid out-of-country certificate and meets any
requirements established by the Bo ard. The certificate to tea ch
shall only be for those subject areas and grade levels most closely
aligned to the subject areas and grade level s recognized on the out -
of-country certificate.
2. A person who meets the requirements of paragraph 1 of this
subsection shall not be requir ed to take any competency examinat ions
in those subject areas and grad e levels most closely aligned to the
subject areas and grade levels recognized on th e out-of-country
certificate.
3. A person who meets the requirements of p aragraph 1 of this
subsection shall have on file with the Boar d a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
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issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check.
The person applying for a certificate shall be resp onsible for the
cost of the criminal history record checks.
4. The Board shall promulgate rules establishing a pro cess by
which out-of-country certificates will be reviewed and evaluated fo r
purposes of awarding a certificate t o teach pursuant to this
subsection.
G. 1. The Board shall i ssue a certificate to teach to a per son
who holds a valid out-of-state certificate. The certificate to
teach shall only be for those subject areas and grad e levels most
closely aligned to the s ubject areas and grade level s recognized on
the out-of-state certificate.
2. A person who meets t he requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most close ly aligned to the
subject areas and grade levels recognized on the out-of-state
certificate.
3. A person who meets the requirements of this su bsection shall
have on file with the Bo ard a current Oklahoma criminal hist ory
record check from the Oklahoma Sta te Bureau of Investigation a s well
as a national criminal hist ory record check as defined in Secti on
150.9 of Title 74 of the Oklahoma Statutes . Upon receipt of the
Oklahoma criminal history record check, the Board ma y issue a
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temporary certificate which shall be effective until rec eipt of the
national fingerprint -based criminal history record check. The
person applying for a certificate shall be responsible for the cost
of the criminal history record checks.
H. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall onl y be for
those subject areas and grade levels that correspond with a
certification area used in Oklahoma.
2. A person who meets the requirem ents of paragraph 1 of this
subsection shall have on file with the Boa rd a current Oklahoma
criminal history record check from the Oklahoma State Bureau o f
Investigation as well as a nationa l criminal history record check as
defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes. U pon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be ef fective until receipt
of the national fingerprint-based criminal history r ecord check.
The person applying for a certificate shall be r esponsible for the
cost of the criminal history record checks.
I. The Board shall issue a lead teaching certificate to any
person who upon application:
1. Has successfully completed the requir ements of this
subsection;
2. Has a minimum of five (5) years of experience as a teacher;
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3. Participates in a meaningful individualized prog ram of
professional development, as pro vided for in Section 6 -101.10 of
this title;
4. Has earned a "highly effective" or "superior" rating
pursuant to Section 6 -101.16 of this title; and
5. 4. May have a teaching load of not more than seventy-five
percent (75%) student instruction to allow t he teacher to mentor
other teachers.
J. 1. The Board shall issue a maste r teaching certificate to
any person who upon application:
a. has successfully completed the requi rements of this
subsection,
b. has a minimum of seven (7) years of experience as a
teacher, and
c. (1) has earned a "superior" rating pursuant to
Section 6-101.16 of this title, or
(2) has earned a "highly effective" rating pursuant
to Section 6-101.16 of this title and holds or
has held a National B oard certification from the
National Board for Professional Teaching
Standards.
2. Teachers with a master teach ing certificate may assum e
leadership roles that include but are not limited to:
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a. the planning and delivery of professional development
activities designed to improve instructio nal
strategies,
b. the facilitation of an instructional leadership team
within the building or school district in which the
lead teacher is assigned, and
c. the mentoring of other teachers and participation in
evaluations of other teachers.
3. Teachers with a master teaching certificate may ha ve a
teaching load of not more than fi fty percent (50%) student
instruction to allow the lead teacher t o spend time on:
a. co-teaching,
b. co-planning,
c. peer reviews, and
d. other duties mutually agreed upon by the
superintendent and the master teacher , and may be used
to satisfy the qualita tive evaluation component for
teachers as required by Section 6 -101.16 of this title
by performing the duties set forth in this paragraph .
K. The State Board of Education shall a dopt rules to implement
a renewal schedule and associated fees for lead and m aster teaching
certificates. The rules shall allow a teacher tha t no longer meets
the requirements of a lead or master teaching certificate to make
application for the standard t eaching certificate.
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L. The terms of the contracts issued to those holding l ead and
master teaching certificates shall include the following:
1. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead t eaching certificate
shall receive an annual salary supplement of at least Thr ee Thousand
Dollars ($3,000.00) or the district 's daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualif ies
pursuant to Section 18 -114.14 of this title; and
2. Master: an addit ional fifteen (15) days to be used to
strengthen leadership. A person with a master teaching certifica te
shall receive an annual sal ary supplement of at least Five Thousand
Dollars ($5,000.00) or the district 's daily rate of pay, whichever
is higher, in addition to the salary for which the te acher qualifies
pursuant to Section 18-114.14 of this title.
If a person with a lead or master teaching certificate changes
school districts dur ing the life of the certificate, th e terms of
the contracts required in th is subsection shall be subject to
approval by the new employing school district.
M. 1. Any person who is eligible for a lead or mas ter teaching
certificate described in this sectio n shall make application for the
following school year with the State Boar d of Education. The
application shall include a recommendation from the local school
district board of education and determination that the applicant has
met the statutory criteria. In reviewing an application, the local
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school district board of education and the superintendent shall
consider the ability of the scho ol district to fulfill the
additional requiremen ts described in subsections I and J of this
section before making a rec ommendation to the State Board of
Education.
2. The State Department of E ducation shall develop an
application to implement the provisio ns of this subsection and make
it available to school districts.
N. Beginning in the 2021-2022 school year, the Depart ment shall
make the teaching certif icates provided for in this section
available for any person who has received a recommendation from
their local school district board of education and who meets the
eligibility criteria.
O. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implemen t the teaching
certificates provided f or in this section on a p ilot program basis
with the assistance of public -private partnerships, funding from
philanthropic organizations , or federal grants.
P. The Department sha ll seek funding necessary for the
administration of this section. If funding for the administration
of the teaching certificates listed in subsection s I and J of this
section is not available, the Department shall not be required to
fulfill the requirements listed in sub sections L, M, N, and O of
this section.
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Q. The State Board of Education shall promulgate rules to
implement the provisions of this a ct.
SECTION 7. REPEALER 70 O.S. 2021, Section 6-101.10, is
hereby repealed.
SECTION 8. This act shall be come effective July 1, 2022.
SECTION 9. It being immediately necessary for the preser vation
of the public peace, heal th or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval."
Passed the House of Representatives the 26th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1535 By: Pugh of the Senate
and
Osburn of the House
An Act relating to teachers; amending 51 O.S. 2021,
Section 24A.7, which relates to confidentiality of
certain personnel records ; removing language
regarding confidentiality of records created pursuant
to certain evaluation system; amending 70 O .S. 2021,
Section 5-141, which relates to school district
minimum salary schedules; removing language allowing
additional compensation for certain evaluation
ratings; updating statutory reference; amending 70
O.S. 2021, Section 5 -141.2, which relates to model
incentive pay plans; removin g statutory reference;
amending 70 O.S. 2021, Section 5-141.4, which relates
to teacher incentive pay awards; removing language
allowing an incentive pay plan to be based on
performance measured by certain system; updating
language; providing definition; amending 70 O.S.
2021, Section 6-101.3, which relates to definitions
related to teachers; modify ing definitions; amending
70 O.S. 2021, Section 6-101.10, which relates to
school district evaluation policies; removing
reference to certain professional develo pment;
allowing rather than requiring school districts to
adopt certain evaluation policies; removing
references to implementation of the Oklahoma Teacher
and Leader Effectiveness Evaluation System ; providing
for contents that may be included in an evaluation
policy; removing requirement for an individualized
program of professional development; removing
requirement for training of certain evaluation
personnel; allowing rather than requiring the State
Department of Education to conduct certain workshops;
removing language directing the State Board of
Education to monitor certain compliance; amending 70
O.S. 2021, Section 6-101.11, which relates to copies
of evaluations; providing statutory ref erence;
removing language regarding availability of certain
evaluation data; amending 70 O.S. 2021, Section 6-
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101.13, which relates to due process procedures;
removing language allowing dismissal or
nonreemployment of a principal who receives certain
evaluation rating; amending 70 O.S. 2021, Section 6-
101.22, which relates to reasons to dismiss c areer
teachers; removing language requiring dismissal or
nonreemployment of teachers who receive certain
evaluation ratings; amending 70 O.S. 2021, Section 6-
101.23, which relates to inapplicability of certain
due process provisio ns; removing language requiring
application of certain evaluation p rovisions to
certain teachers; amending 70 O.S . 2021, Section 6-
101.24, which relates to identification of poor
teacher performance; removing language regarding
actions to be taken upon implementation of certain
evaluation system; allowing rather than requ iring
certain recommendation for dismissal or
nonreemployment to be made; providing statutory
reference; amending 70 O.S. 2021, Section 6-190,
which relates to contracting with teachers; re moving
qualifications for certain teacher c ertificates
related to evaluation ratings; repealing 70 O.S.
2021, Section 6-101.16, which relates to adoption of
the Oklahoma Teacher and Leader Effectiveness
Evaluation System; repealing 70 O.S. 2021, Section 6-
101.31, which relates to basing retention or
reassignment decisions on certain evaluation ratings;
providing an effective date; and decla ring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 10. AMENDATORY 51 O.S. 2021, Section 24A.7, is
amended to read as follows:
Section 24A.7. A. A public body may keep personnel records
confidential:
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1. Which relate to internal perso nnel investigations including
examination and selection material for employment, hiring,
appointment, promotion, demotion, discipline, or r esignation; or
2. Where disclosure would constitute a clearly unwarra nted
invasion of personal privacy such as emplo yee evaluations, payroll
deductions, employment applications submitted by person s not hired
by the public body, and transcripts from instit utions of higher
education maintained in the personnel files of certif ied public
school employees; provided, however, that nothing in this subsection
shall be construed to exempt from disclosure th e degree obtained and
the curriculum on the transcripts of certified public school
employees.
B. All personnel records not speci fically falling within the
exceptions provided in subsection A or D of this section shall be
available for public inspection an d copying including, but not
limited to, records of:
1. An employment application of a person who becomes a public
official;
2. The gross receipts of public funds;
3. The dates of employment, title or position; and
4. Any final disciplinary action resu lting in loss of pay,
suspension, demotion of position, or termination.
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C. Except as may otherwise be made confidential by statu te, an
employee of a public body shall have a r ight of access to his own
personnel file.
D. The home addresses, home telephone numbers, Social Security
numbers, private email addresses, and private mobile phone numb ers
of current and former public employe es shall not be open to public
inspection or disclosure; provided, however, that not hing in this
subsection shall be construed to exempt from disclosure public
records created using a pr ivate email address or private mobile
phone.
E. Except as otherwise r equired by Section 6-101.16 of Title 70
of the Oklahoma Statutes, public bodies shal l keep confidential all
records created pursuant to the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) which ide ntify a current or
former public employee and contain any evaluation, observation or
other TLE record of such employee.
SECTION 11. AMENDATORY 70 O.S. 2021, Section 5 -141, is
amended to read as follows:
Section 5-141. A. Each school dist rict of this state shall
adopt a minimum salary schedule and shall transmit a c opy of it to
the State Board of Educat ion within thirty (30) days after adoption.
A school district shall not calculate salaries of teachers solely as
a proportion of the salar ies of the administrators of the district.
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B. Districts shall be encouraged to provide compensation
schedules to reflect district policies and circumstances , including
differential pay for different subject areas and s pecial incentives
for teachers in districts with specific geographical attributes.
Districts may also adopt a salar y schedule that provides additional
compensation for achieving certain ratings un der the Oklahoma
Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
forth in Section 6 of this act. Any salary schedule adopted by a
district pursuant to this se ction shall not set salaries at amount s
less than those set pursuant to Section 18-114.12 18-114.14 of this
title.
C. The State Department of Education shall compile a report o f
the minimum salary schedules fo r every school district in the state
and shall submit the report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate no later
than December 15 of each year.
D. Each school district shall file within fifteen (1 5) days of
signing the contract, the employmen t contract of the superintendent
of the school district with the State Department of Education. The
Department shall keep all contracts ava ilable for inspection by the
public. The school district shall not be authorized to pay any
salary, benefits, or other compensation to a superintendent w hich
are not specified in the contract on f ile and shall not pay
administrators any amounts for accumu lated sick leave that are not
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calculated on the same formula used for determining payment for
accumulated sick leave benefits for other full -time employees of
that school district and shall not pay administrators any amounts
for accumulated vacation leave benefits that are not calculated on
the same formula used for determin ing payment for accumulated
vacation leave benefits for other twelve -month full-time employees
of that school district.
E. By October 1 of each year each district board of education
shall prepare a schedule of salaries and fringe benefits paid
administrators employed by the district, including a description of
the fringe benefits. The s chedule shall be a public record and
shall be disclosed as required by the Oklahoma Open Records Act.
The board shall file a copy of the s chedule with the State
Department of Education within one week of completion.
F. For purposes of this section the te rm “administrator” shall
include employees who are employed and certified as superintendents,
assistant superintendents, principals, and as sistant principals and
who have responsibilities for supervising classroom teac hers.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 5 -141.2, is
amended to read as follows:
Section 5-141.2. A. In addition to incentive pay plans
authorized pursuant to Section 4 of t his act, the The State Board of
Education shall develop not fewer than five differen t model
incentive pay plans and shall distr ibute information abo ut each plan
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to every school district board of education. No plan develope d by
the Board or implemented by a school district board of education
shall permit payment in any one (1) year of inc entives to any one
teacher amounting to mor e than fifty percent (50%) of the regular
salary of the teacher, exclusive of fringe benefits or extra duty
pay. Any incentive p ay award shall be an annual award and shall no t
be a part of a continuing contract of a teacher. Any incentive pay
awards received shall be exclude d from the compensation of a teacher
for purposes of calculating retirement pursuant to the Teachers ’
Retirement System of Oklahoma and shall not be subje ct to taxes
levied by the Federal Insu rance Contributions Act (F.I.C.A.), to the
extent an exemption is provided by federal law.
B. A school district board of education may ado pt an
academically based, distric t incentive pay plan for the classroom
teachers in the district. The district may a dopt any incentive pay
plan consistent with the requirements of this section, which may
include any incentive pay plan developed by the Sta te Board of
Education pursuant to this section. The school district board of
education shall appoint an advisory com mittee consisting of
teachers, parents, bus iness persons or farm ers, and other local
citizens to advise the board in formulating an incenti ve pay plan.
Prior to the adoption of a plan, the board of education shall pla ce
the plan on the school board agenda for public comment and shall
submit the plan to the State Board of Education for final approval
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on or before March 1 prior to implementati on of the plan during the
succeeding school year. The board of education shall comply with
the provisions of this su bsection for any year a plan is to be
modified.
C. A school district shall be required to adopt and i mplement
an academically based, distr ict incentive pay plan for any sc hool
year following the receipt by the school district board of
education, of a peti tion signed by twenty percent (20%) of the
classroom teachers emp loyed in the district which calls for the
adoption of an incentive pay pla n for the district.
D. Student test scores shall not be the sole criterion for
allocation of incentive pay under any plan developed or approved by
the Board.
E. For the purposes of this section only, “classroom teacher”
shall mean any employee who holds certification and assignment
outside the classification of administrator.
F. The State Board of Education shall prom ulgate rules
necessary for the effective im plementation and admin istration of
this section.
G. Each school district board of education sha ll provide for a
local evaluation committee which shall advise the board on whi ch
teachers are to receive incentive p ay awards and the amount of each
incentive pay award according to the plan.
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H. Nothing herein shall p reclude a school district from
supplementing any monies appropriated t o the district for the
purposes of funding the incentive pay plan of the district with
monies from the general fund for the district.
SECTION 13. AMENDATORY 70 O.S. 2021, Section 5-141.4, is
amended to read as follows:
Section 5-141.4. A. 1. In addition to incentive pay pl ans
authorized pursuant to Section 5 -141.2 of this title, beginning with
the 2012-13 school year, a school district may implement an
incentive pay plan that rewards teachers who are increasing student
and school growth in achievement.
2. Teacher performan ce shall be measured using the Oklahoma
Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
forth in Section 6-101.16 of this title.
3. Individual teacher incentive pay awards shall be based upon:
a. achieving either a “superior” or “highly effective”
rating under the TLE, and
b. grade level, subject area, or school level p erformance
success.
B. 1. Beginning with the 2012 -13 school year, a school
district may implement an incentive pay plan as auth orized pursuant
to this section.
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2. For purposes of this section, “leader” means a principal,
assistant principal or any other school administrator who is
responsible for supervising classroom teachers.
3. School leader effectiveness shall be measured us ing the
Oklahoma Teacher and Leader Effective ness Evaluation System (TLE) as
set forth in Section 6-101.16 of this title.
4. Individual school leader incentive pay awards shall be bas ed
upon:
a. achieving either a “superior” or “highly effective”
rating under the TLE, and
b. grade level, subject are a, or school level performance
success.
C. Incentive pay plans implemented pursua nt to subsections A
and B of this section shall be develo ped through a collaborative
planning process involving stakeholders, inc luding teachers and
school leaders.
D. In addition to individual teacher and leader incentive pay
plans, as authorized pursuan t to this section, School districts may
develop and implement incentive pay systems for:
1. Teaching in critical shortage subjec t areas including, but
not limited to, foreign language;
2. Teachers and leaders wh o work in schools identified as in
need of improvement as determined by the State Board of Education;
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3. Teaching in the subject areas of Science science, Technology
technology, Engineering engineering, and Math mathematics (STEM); or
4. Teachers and lea ders who work in schools or school district s
designated by the State Board of Education as hard -to-staff. For
purposes of this section, “leader” means a principal, assista nt
principal, or any other school administrat or who is responsible for
supervising classroom teachers.
E. B. 1. Prior to implementation of any incen tive pay plan
developed pursuant to this section, the school district bo ard of
education shall place the p lan on the agenda for public comment at a
meeting of the district board of education .
2. After approval of the incentive pay p lan, the school
district board of education shall submit th e plan to the State Board
of Education for final approval. Within six ty (60) days of receipt
of the plan, the Stat e Board shall review and approve or rej ect the
plan. If it is determined that the plan meets the require ments of
this section, the State Boa rd shall approve the plan. If the p lan
does not meet the requirements of this section, the State Board
shall reject the plan and provide written notifica tion to the school
district board of educat ion along with the grou nds for rejection.
3. The district board of education shall comply with the
provisions of this subsection for any year a plan is to be modified.
F. C. Any incentive pay award shall be an a nnual award and
shall not be a part of a co ntinuing contract for an e mployee. Any
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incentive pay award to any teacher or leader shall not exceed more
than fifty percent (50 %) of the regular salary of the teacher or
leader, exclusive of fringe benefits or e xtra duty pay. Any
incentive pay awards re ceived shall be excluded f rom compensation
for purposes of calculating retirement pursuant to t he Teachers’
Retirement System of Oklahoma and shall not be subject to taxes
levied by the Federal Insurance Contribut ions Act (F.I.C.A.), to the
extent such exemption is provided by fede ral law.
SECTION 14. AMENDATORY 70 O.S. 2021 , Section 6-101.3, is
amended to read as follows:
Section 6-101.3. As used in Section 6-101 et seq. of this
title:
1. “Administrator” means a duly certified pe rson who devotes a
majority of time to service as a superin tendent, elementary
superintendent, principal, supervisor, vice princi pal, or in any
other administrative or superv isory capacity in the school district;
2. “Dismissal” means the discontinuance of the teaching service
of an administrator or teacher during the term of a written
contract, as provided by law;
3. “Nonreemployment” means the nonrenewal of the contract of an
administrator or teacher upon expira tion of the contract;
4. “Career teacher” means a teacher who:
a. is employed by a school district pr ior to the 2017-
2018 school year and has completed three (3) or more
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consecutive complete school years as a teacher in one
school district under a written continuing or
temporary teaching contract , or
b. is employed for the first time by a school district
under a written continuing or tempor ary teaching
contract during the 2 017-2018 school year and
thereafter:
(1) has completed three (3) consecutive complet e
school years as a teacher in one school d istrict
under a written continuing or temporary teaching
contract and has achieved a district e valuation
rating of “superior” as measured pursuant to the
TLE as set forth in Section 6-101.16 of this
title for at least two (2) of the three (3)
school years,
(2) has completed four (4) consecutive complete
school years as a teacher in one school distri ct
under a written continuing or t emporary teaching
contract, has averaged a di strict evaluation
rating of at least “effective” as measured
pursuant to the TLE f or the four-year period, and
has received district evaluati on ratings of at
least “effective” for the last two (2) years of
the four-year period, or
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(3) has completed four (4 ) or more consecutive
complete school years in one school district
under a written continuing or temporary teaching
contract and has not met the requirements of
subparagraph a or b of this paragraph, only if
the principal of the school at which the teacher
is employed submits a petition to the
superintendent of the school district reque sting
that the teacher be granted career status, the
superintendent agrees with the petition, a nd the
school district board of ed ucation approves the
petition. The principal shall specify in the
petition the underlying facts supporting the
granting of career status to the teacher ;
5. “Teacher hearing” means the hearing before a school district
board of education after a recommenda tion for dismissal or
nonreemployment of a te acher has been made but before any fina l
action is taken on the recommendation, he ld for the purpose of
affording the teacher all rights guar anteed by the United States
Constitution and the Constitution of Oklah oma under circumstances
and for enabling the board to determine whether to approve o r
disapprove the recommendation;
6. “Probationary teacher” means a teacher who:
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a. is employed by a school district prior to the 2017 -
2018 school year and has completed fewer than three
(3) consecutive complete schoo l years as a teacher in
one school district under a written teaching contract ,
or
b. is employed for the first time by a school district
under a written teaching contract during the 2017-2018
school year and thereafter and has not met the
requirements for career teacher as provided in
paragraph 4 of this section;
7. “Suspension” or “suspended” means the temporary
discontinuance of the services of an administrator or teacher, as
provided by law; and
8. “Teacher” means a person defined as a teacher has the same
meaning as provided for in Section 1-116 of this title; and
9. “District evaluation rating” means the rating issued based
on the components of the TLE as set forth in subs ection B of Section
6-101.16 of this title.
SECTION 15. AMENDATORY 70 O.S. 20 21, Section 6-101.10,
is amended to read as follows:
Section 6-101.10. A. Each school district board of education
shall may maintain and annually review , following consultation with
or involvement of representatives selected by local teachers, a
written policy of evalua tion and corresponding professional
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development for all teachers and administrators. In those school
districts in which there exists a pr ofessional negotiations
agreement made in accordance with Section 509.1 et seq. of this
title, the procedure for evalu ating members of the negotiations unit
and any standards of performance and conduct proposed for adopt ion
beyond those established by the State Board of Education shall be
negotiable items. Nothing in this section shall be construed to
annul, modify, or to preclude the renewal or continuing of any
existing agreement heretofore entered into between any sch ool
district and any organizational representative of its employees.
Every A school district policy of evaluation adopted by a board of
education shall may:
1. Be based upon a set of minimum crit eria developed by the
State Board of Education, which shall be revised and based upon the
Oklahoma Teacher and Leader Effectivene ss Evaluation System (TLE)
developed by the State Board of Education as provided in Section 6-
101.16 of this title. The revisi ons to each policy of evaluation
shall be phased in accordi ng to the following schedule:
a. for the 2014-2015, 2015-2016 and 2016-2017 school
years, the evaluation rating of teachers and
administrators shall be ba sed on the qualitative
component of the TLE . For the 2016-2017 school year,
the State Department of E ducation shall work with
school districts to develop individualized pr ograms of
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professional development as describ ed in subsection B
of this section. Ho wever, nothing in this
subparagraph shall p reclude a school district with an
average daily attendance of more than thirty-five
thousand (35,000) from continuing to use quan titative
components which the district has in corporated at its
own expense prior to the 2015-2016 school year into
its evaluation system of teachers and administrators,
as defined by the district’s written policy,
b. for evaluations of teachers and adminis trators
conducted during the 2017-2018 school year, and each
school year thereafter, school districts shall
incorporate and put into operation the qualitative
component of the TLE as pro vided for in subsection B
of Section 6-101.16 of this title into the e valuations
used in all school sites within th e district. For the
2017-2018 school year, and each school year
thereafter, teachers and administrators shall receive
a district evaluation rating based on the components
of the TLE as set forth in subsection B of Section 6-
101.16 of this title. For the 2017-2018 school year,
school districts shall incorporate the individualized
programs of professional development as described in
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subsection B of this section on a pilot program basis,
and
c. for evaluations of teachers and administrators
conducted during the 2018-2019 school year, and each
school year thereafter, school districts shall fully
incorporate and put into operation the individualize d
programs of professional developme nt as described in
subsection B of this section school district board of
education;
2. Be prescribed in writing at th e time of adoption and at all
times when amendments to the policy are adopted. The original
policy and all amendments to the policy shall be promptly made
available to all persons subject to the policy;
3. Provide that all evaluations be made in writing and that
evaluation documents and responses thereto be maintained in a
personnel file for each evaluat ed person;
4. Provide that every pr obationary teacher receive formati ve
feedback from the evaluation process at le ast two times per school
year, once during the fall semester and once during the s pring
semester;
5. Provide for the development of a focuse d and individualized
program of professional development for the teach er or
administrator;
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6. Provide that every teacher be evaluated once every year,
except for career teachers receiving a distri ct evaluation rating of
“superior” or “highly effective” under the TLE who may be evaluated
once every three (3) years for the frequency of evaluation of
teachers and administrators; and
6. 7. Provide that, except for the evaluation of
superintendents of independent and elementary school districts and
superintendents of area school districts who shall be evaluated by
the school district board of education, all and the evaluation of
certified personnel shall be evaluated by a principal, assistant
principal, designee of the principal, supervisor, content expert,
department chair, peer committee , or other trained persons or groups
of persons designated by the school district boar d of education.
B. 1. Every policy of professional development adopted by a
school district board of education shall provide for the develo pment
of a focused and individualize d program of professional developm ent
for the teacher or administrator that is consistent with the
qualitative component of the TLE. The policy of professional
development shall:
a. establish an annual professional grow th goal for the
teacher or administr ator that is developed by the
teacher or administrator in collaboration with th e
evaluator,
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b. be tailored to addre ss a specific area or criteria
identified through the qualitative component of the
TLE,
c. allow the teacher or administrator to actively eng age
with learning practices that a re evidence-based,
researched practices that are correlated with
increased student achievement, and
d. be supported by resource s that are easily available
and supplied by the school dist rict and the State
Department of Education.
2. School districts shall monitor compliance with each
individualized program of professional development implemented
pursuant to this subsection. All professional development completed
pursuant to an individua lized program of professional develo pment
shall count toward the total number of points a teacher or
administrator is required to complete as establish ed by a school
district board of education pur suant to Section 6-194 of this title.
The implementation o f the individualized program of prof essional
development required by t his subsection shall not be construed as
increasing the professional development points requirements.
3. Individualized progra ms of professional development required
by this subsection may include but are not limited to t he following
learning practices:
a. presenter-led workshops,
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b. individual or faculty studies of books, scholarly
articles and video productions,
c. peer observations,
d. committee studies to address student achievement
issues,
e. work related to a specifi c subject area or areas
associated with obtaining an advanced degree or
professional certification,
f. action research projects designed to improve student
achievement, and
g. participation in local, regional or state in itiatives
associated with the develo pment or implementation of
curriculum standards.
C. All individuals designated by the school district board of
education to conduct the personnel evaluations sh all be required to
participate in training conducted by the State Department of
Education or training provided by the school dist rict using
guidelines and materials developed by the State Department of
Education prior to conducting evaluations.
D. The State Department of Education shall may develop and
conduct workshops pursuant to statewide criter ia which train
individuals in conducting evaluations.
E. The State Board of Ed ucation shall monitor compliance with
the provisions of this section by school dis tricts.
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F. The State Board of Education shall study contin ued
implementation of the TLE to pro duce a system that promotes
reflection and professional growth for teachers and leaders.
G. Refusal by a school distr ict to comply with the provisions
of this section shall be grounds for withholding State Aid funds
until compliance occurs.
H. C. Data collected pursuant to this section pursuant to a
school district’s evaluation policy shall not be subject to the
Oklahoma Open Meeting Act or the Oklahoma Open Rec ords Act.
SECTION 16. AMENDATORY 7 0 O.S. 2021, Section 6 -101.11,
is amended to read as follows:
Section 6-101.11. Whenever any evaluation is made of a teacher
or administrator pursuant to the provisions of Section 6 -101.10 of
this title, a true copy of the evaluation shall be presented to the
person evaluated, who shall ack nowledge the written evaluation by
signing the original. Within two (2) weeks after the evaluation,
the person evaluated may respond and said response shall be made
part of the record. Except by order of a court of com petent
jurisdiction, evaluation docu ments and the responses thereto sh all
be available only to the evaluated person , the board of education,
the administrative staff making the evaluation, the boar d and
administrative staff of any school to which such eval uated person
applies for employment , and such other persons as are spe cified by
the teacher in writing and shall be subject to disclosure at any
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hearing involving a teacher or administrator ’s dismissal or
nonrenewal from employment. Data collected pursuan t to Section 6-
101.10 shall be avail able to authorized representatives of the State
Department of Education and its contracting designees who must be
contractually bound to the Department to mainta in confidentiality of
all information received from the Dep artment when such evaluation
data is used by the Department for data c ollection/analysis purposes
under the Oklahoma Teacher and Leader Effectiveness Eval uation
System, and such other persons as ar e specified by the teacher in
writing and shall be subject to disclosure at any hearing involvi ng
a teacher or administrator ’s dismissal or nonrenewal from
employment.
SECTION 17. AMENDATORY 70 O.S. 2021, Section 6 -101.13,
is amended to read as follows:
Section 6-101.13. A. Whenever the school district board of
education or the administration of a school d istrict shall determine
that the dismissal or nonreemployment of a full -time certified
administrator from the administrative po sition within the school
district should be effected, the a dministrator shall be entitled to
the following due process procedures :
1. A statement shall be submitted to the a dministrator in
writing prior to the dismissal or nonreemployment which states the
proposed action, lists the reasons for effecting the actio n, and
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notifies the administrator of his or her right to a hearing bef ore
the school district board of education pr ior to the action; and
2. A hearing before the school district board of education
shall be granted upon the request of the administrator pri or to the
dismissal or nonreemployme nt. A request for a hearing shall be
submitted to the board of education not l ater than ten (10) days
after the administrator has been notified of the proposed action.
B. Failure of the administrator to request a heari ng before the
school district board of education within ten (10) days after
receiving the written statement shall c onstitute a waiver of the
right to a hearing. No decision of the board of educati on
concerning the dismissal or nonreemployment of a full -time certified
administrator shall be effective until the administrator has been
afforded due process as specified in this section. The decisio n of
the school district board of education concerning the dismissal or
nonreemployment, following the hearing, sh all be final.
C. Beginning with the 2017-2018 school year and thereaf ter, a
principal who has received district ev aluation ratings of
“ineffective” as measured pursuant to the TLE as set forth in
Section 6-101.16 of this title for two (2) consecutive scho ol years
may be dismissed or not ree mployed by the school district, su bject
to the due process procedures of this s ection.
SECTION 18. AMENDATORY 70 O.S. 2021, Section 6 -101.22,
is amended to read as follows:
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Section 6-101.22. A. Subject to the provisions of the Te acher
Due Process Act of 1990, a c areer teacher may be dismissed or not
reemployed for:
1. Willful neglect of duty;
2. Repeated negligence in performance of duty;
3. Mental or physical abuse to a child;
4. Incompetency;
5. Instructional ineffectivenes s;
6. Unsatisfactory teaching per formance;
7. Commission of an act of moral t urpitude; or
8. Abandonment of contrac t.
B. Subject to the provisions of the T eacher Due Process Act of
1990, a probationary teacher may be dismissed or not reemployed for
cause.
C. During the 2017-2018 school year and thereafter:
1. A career teacher w ho has received a district evaluation
rating of “ineffective” for two (2) consecutive school years shall
be dismissed or not reemployed on th e grounds of instructional
ineffectiveness by the school district, sub ject to the provisions of
the Teacher Due Process Act of 1990. However, the superin tendent
may recommend and the school dist rict board of education may approve
continued employment of t he teacher; and
2. A career teacher who has received a district evalu ation
rating of “needs improvement” or lower for three (3) consecutive
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school years may be dismissed or not reemployed on the grounds of
instructional ineffectiveness by the school distr ict, subject to the
provisions of the Teacher Due Process Act of 1990.
D. During the 2017-2018 school year and the reafter:
1. A probationary teacher who has received a district
evaluation rating of “ineffective” as measured pursuant to the TLE
for two (2) consecutive school years may be di smissed or not
reemployed by the school district subject to the provisions of t he
Teacher Due Process Act of 1990; and
2. A probationary teacher who has not a ttained career teacher
status within a four -year period may be dismissed or not reemployed
by the school district, subject to the p rovisions of the Teacher Due
Process Act of 1990.
E. A teacher shall be dismissed o r not reemployed, unless a
presidential or gubernatorial pardon has been issued, if during the
term of employment the teacher is convicted in this state, the
United States, or another state of:
1. Any sex offense sub ject to the Sex Offenders Registration
Act in this state or subject to another st ate’s or the federal sex
offender registration provisions; o r
2. Any felony offense.
F. D. A teacher may be dismissed, refused e mployment, or not
reemployed after a finding that such person has engaged in acts th at
could form the basis of criminal charges sufficient to result in the
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denial or revocation of a cert ificate for a reason set forth in
subparagraph a of paragraph 6 of Sec tion 3-104 of this title.
G. E. As used in this section, “abandonment of contract ” means
the failure of a teacher to report at the beginning of the contract
term or otherwise perform th e duties of a contract of employment
when the teacher has accepted oth er employment or is performing work
for another employer that prevents the teacher f rom fulfilling the
obligations of the contr act of employment.
H. F. A school district shall notify th e State Board of
Education within ten (10) days of the dismissal or no nreemployment
of a probationary or career tea cher for reasons outlined in
subsection F D of this section.
SECTION 19. AMENDATORY 70 O.S. 2021, Section 6 -101.23,
is amended to read as follows:
Section 6-101.23. A. The dismissal, s uspension, and
nonreemployment provisions of the Teacher Due Process Act of 1990
shall not apply to:
1. Substitute teachers;
2. Adult education teachers; and
3. Teachers who are emplo yed on temporary contracts.
B. The dismissal and suspension provision s of the Teacher Due
Process Act of 1990 shal l apply to teachers who are employed on
temporary contracts for a complete school year and to teachers who
are employed in positions fully fu nded by federal or private
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categorical grants, except that such teache rs shall be employed only
for the duration of the temporary contract or the grant.
C. The evaluation provisions in Sections 6 -101.10 and 6-101.11
of this title and in the Teacher Due Pr ocess Act of 1990 shall apply
to teachers who are employed on temporar y contracts for a complete
school year and to teachers who are employed in positions fully
funded by federal or private categor ical grants, except that such
teachers shall be employed on ly for the duration of the temporary
contract or the grant.
D. Teachers other than those specifically excepted in
subsection A of this section who are em ployed on contracts shall be
afforded all substantive and procedural rights set forth in the
Teacher Due Process Act of 1990 including the dismissal, suspension,
and nonreemployment provisions applicable to probationa ry or career
teachers as defined in Sec tion 6-101.3 of this title.
E. D. On and after the effective date of this act any teacher
who has worked a complete school year under a t emporary contract in
a school district shall be granted a year of service credi t toward
career status in that district .
F. E. No teacher shall be hired on a tem porary contract by a
school district for more than four sem esters or on multiple
temporary contracts by a school district that to gether are for more
than four semesters, exce pt for a:
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1. Teacher hired to replace a teacher who is on an approved
leave of absence and who is expected to return to employment with
the school district; or
2. Teacher who is a retired member of the Teacher s’ Retirement
System of Oklahoma.
G. F. No teacher shall be offered a temporary con tract with a
school district without a full written disclosure at the time a
position is offered by th e administration of the school distr ict
which sets forth the terms and conditions of the temporary contract.
In the event the school district fails to pr ovide such written
disclosure, the teacher shall be considered as employed on a
continuing contract ba sis.
H. G. On and after the effecti ve date of this act no teacher
who is employed on a continuing contract basis b y a school district
shall be reemployed on a temporary contract in that school dis trict.
SECTION 20. AMENDATORY 70 O.S. 2021, Section 6-101.24,
is amended to read as follows:
Section 6-101.24. A. Upon full implementation of the O klahoma
Teacher and Leader Effectivenes s Evaluation System (TLE) as set
forth in Section 6-101.10 of this title, when a teacher receives a
rating as measured pursuant to the TLE as set forth in Section 6 -
101.16 of this title that may lead to a recommendati on for the
dismissal or nonreemployment of the teacher or when When an
administrator who has the responsibility of evaluating a teacher
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under an evaluation policy adopted pursuant to Section 6-101.10 of
this title identifies poor performance or conduct tha t the
administrator believes may lead t o a recommendation for the
dismissal or nonreemployment of the teacher, the administrator
shall:
1. Admonish the teacher, in writing, and make a reasonable
effort to assist the teacher in correcting the poor performa nce or
conduct; and
2. Establish a reasonable time for improvement, not to exceed
two (2) months, taking into consideration the rating on the
evaluation or the nature and gravi ty of the performance or conduct.
B. If the teacher does not correct the poor performance or
conduct cited in the adm onition within the time specified, the
administrator shall may make a recommendation to the superinten dent
of the school district for the dismissal or nonreemployment of th e
teacher.
C. Whenever a member of the board of education, superintendent,
or other administrator identifies poor performance or conduct that
may lead to a recommendation for dismissal or nonreemployment of a
teacher within the district, the administrator who has
responsibility for evaluation of the teacher under an evaluation
policy adopted pursuant to Section 6 -101.10 of this title shall be
informed, and that administrator shall comply with the procedures
set forth in this section. If the administrator fails or refuses to
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admonish the teacher with in ten (10) days after being so informe d by
the board, superintendent, or other ad ministrator, such board,
superintendent, or other administrator shall admonish the teacher
pursuant to the provisions of this sec tion.
D. Repeated negligence in performance of duty, willful neglect
of duty, incompetency, instructional ineffectiveness , or
unsatisfactory teaching performance , for a career teacher , or any
cause related to inadequate t eaching performance for a probatio nary
teacher, shall not be a basis for a reco mmendation to dismiss or not
reemploy a teacher unless and until the provisions of this section
have been complied with.
SECTION 21. AMENDATORY 70 O.S. 2021, Section 6-190, is
amended to read as follows:
Section 6-190. A. The board of education of each school
district shall employ and contract in writing, as r equired in
Section 6-101 of this title, only with persons c ertified to teach by
the State Board of Education in accordance with t he Oklahoma Teacher
Preparation Act, except a s otherwise provided for by Section 6 -101
of this title and by other law.
B. The Board shall issue a certificate to teach to any person
who:
1. Has successfully completed th e teacher education program
required by the Commission for Educational Quality an d
Accountability;
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2. Has graduated fro m an accredited institution of higher
education that has approval or accreditation for teacher educati on;
3. Has met all other requirem ents as may be established by the
Board;
4. Has made the necessary application a nd paid the competency
examination fee in an amount and as prescribed by the Commi ssion;
5. Has successfully completed the competency examin ation
required in Section 6 -187 of this title; and
6. Beginning November 1, 2001, has on file with the Board a
current Oklahoma criminal history record f rom the Oklahoma State
Bureau of Investigat ion as well as a national criminal history
record check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history recor d, the
Board may issue a temporary cert ificate which shall be effective
until receipt of the national fingerprint -based criminal history
record. The person applying for a cer tificate shall be responsible
for the cost of the criminal history records.
C. The Board shall issue a certificate to t each to any person
who:
1. Holds an out-of-state certificate and meets the requirements
set forth in subsection G of this section;
2. Holds certification from the Nationa l Board for Professional
Teaching Standards;
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3. Holds an out-of-country certificate and meets the
requirements set forth in su bsection F of this section; or
4. Has successfully complet ed a competency examination used i n
the majority of other states or co mparable customized exam and meets
the requirements set forth in subsection H of thi s section.
D. Beginning July 1, 2004, any person applying for initial
Oklahoma certification shall ha ve on file with the Board a curren t
Oklahoma criminal history record f rom the Oklahoma State Bureau of
Investigation as well as a national criminal histor y record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record, the Board may issue
a temporary certificate which shall be effective until receip t of
the national fingerprint -based criminal history record. The person
applying for a certificate shall be responsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issued prior to
January 1, 1997, shall be a c ertified teacher for purposes of the
Oklahoma Teacher Preparation Act, subject to any professional
development requirements prescribed by the Oklahoma Teacher
Preparation Act or by the State Board of Education.
F. 1. The Board shall issue a certificate t o teach to a person
who holds a valid out-of-country certificate and meets any
requirements established by the Board. The certificate to tea ch
shall only be for those subject areas and grade levels most closely
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aligned to the subject areas and grade level s recognized on the out -
of-country certificate.
2. A person who meets the require ments of paragraph 1 of this
subsection shall not be requir ed to take any competency examinat ions
in those subject areas and grad e levels most closely aligned to the
subject areas and grade levels recognized on th e out-of-country
certificate.
3. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Boar d a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check.
The person applying for a certificate shall be resp onsible for the
cost of the criminal history record checks.
4. The Board shall promulgate rules establishing a pro cess by
which out-of-country certificates will be reviewed and evaluated for
purposes of awarding a certificate to teach pursuant to this
subsection.
G. 1. The Board shall i ssue a certificate to teach to a per son
who holds a valid out-of-state certificate. The certificate to
teach shall only be for those subject areas and grade level s most
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closely aligned to the subject areas and grade level s recognized on
the out-of-state certificate.
2. A person who meets t he requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-state
certificate.
3. A person who meets the requirements of this su bsection shall
have on file with the Bo ard a current Oklahoma criminal history
record check from the Oklahoma State Bureau of Investigation a s well
as a national criminal hist ory record check as defined in Secti on
150.9 of Title 74 of the Oklahoma Statutes . Upon receipt of the
Oklahoma criminal history record check, the Board may issue a
temporary certificate which shall be effective until rec eipt of the
national fingerprint -based criminal history record check. The
person applying for a certificate shall be responsible for the cost
of the criminal history record checks.
H. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall onl y be for
those subject areas and grade levels that correspond with a
certification area used in Oklahoma.
2. A person who meets the requirem ents of paragraph 1 of this
subsection shall have on file with the Boa rd a current Oklahoma
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criminal history record check from the Oklahoma State Bureau o f
Investigation as well as a national crimi nal history record check as
defined in Section 150.9 of Tit le 74 of the Oklahoma Statutes. U pon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be ef fective until receipt
of the national finge rprint-based criminal history record check.
The person applying for a certificate shall be r esponsible for the
cost of the criminal history record checks.
I. The Board shall issue a lead teaching certificate to any
person who upon application:
1. Has successfully completed the requirements of this
subsection;
2. Has a minimum of five (5) years of experience as a teacher;
3. Participates in a meaningful individualized prog ram of
professional development, as pro vided for in Section 6 -101.10 of
this title;
4. Has earned a “highly effective” or “superior” rating
pursuant to Section 6 -101.16 of this title; and
5. 3. May have a teaching load of not more than seventy-five
percent (75%) student instruction to allow t he teacher to mentor
other teachers.
J. 1. The Board shall issue a master teaching certificate to
any person who upon application:
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a. has successfully completed the requi rements of this
subsection, and
b. has a minimum of seven (7) years of experience as a
teacher, and
c. (1) has earned a “superior” rating pursuant to
Section 6-101.16 of this title, or
(2) has earned a “highly effective” rating pursuant
to Section 6-101.16 of this title and holds or
has held a National B oard certification from the
National Board for Professional Teaching
Standards.
2. Teachers with a master teaching certificate may assum e
leadership roles that include but are not limited to:
a. the planning and delivery of professional development
activities designed to improve instructio nal
strategies,
b. the facilitation of an i nstructional leadership team
within the building or school district in which the
lead teacher is assigned, and
c. the mentoring of other teachers and participation in
evaluations of other teachers.
3. Teachers with a master teaching certificate may have a
teaching load of not more than fifty percent (50%) student
instruction to allow the lead teacher t o spend time on:
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a. co-teaching,
b. co-planning,
c. peer reviews, and
d. other duties mutually agreed upon by the
superintendent and the master teacher , and may be used
to satisfy the qualitative evaluation component for
teachers as required by Section 6 -101.16 of this title
by performing the duties set forth in this paragraph .
K. The State Board of Education shall a dopt rules to implement
a renewal schedule and associated fees for lead and master teaching
certificates. The rules shall allow a teacher tha t no longer meets
the requirements of a lead or master teaching certificate to make
application for the standard t eaching certificate.
L. The terms of the c ontracts issued to those holding lead and
master teaching certificates shall include the following:
1. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead t eaching certificate
shall receive an annual salary supplement of at least Three Thousand
Dollars ($3,000.00) or the district ’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualif ies
pursuant to Section 18 -114.14 of this title; and
2. Master: an additiona l fifteen (15) days to be used to
strengthen leadership. A person with a master teaching certifica te
shall receive an annual sal ary supplement of at least Five Thousand
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Dollars ($5,000.00) or the district ’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title.
If a person with a lead or master teaching certificate changes
school districts dur ing the life of the certificate, th e terms of
the contracts required in this s ubsection shall be subject to
approval by the new employing school district.
M. 1. Any person who is eligible for a lead or mas ter teaching
certificate described in this sectio n shall make application for the
following school year with the State Board of Education. The
application shall include a recommendation from the local school
district board of education and determination that the applicant has
met the statutory criteria. In reviewing an application, the local
school district board of education an d the superintendent shall
consider the ability of the scho ol district to fulfill the
additional requirement s described in subsections I and J of this
section before making a rec ommendation to the State Board of
Education.
2. The State Department of Educa tion shall develop an
application to implement the provisio ns of this subsection and make
it available to school districts.
N. Beginning in the 2021-2022 school year, the Depart ment shall
make the teaching certif icates provided for in this section
available for any person who has received a recommendation from
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their local school district board of education and who meets the
eligibility criteria.
O. For the 2019-2020 and 2020-2021 school years, the Department
shall identify school districts to implement th e teaching
certificates provided for in this section on a p ilot program basis
with the assistance of public -private partnerships, funding from
philanthropic organizations , or federal grants.
P. The Department sha ll seek funding necessary for the
administration of this section. If funding for the administration
of the teaching certificates listed in subsections I and J is not
available, the Department shall not be required to ful fill the
requirements listed in sub sections L, M, N, and O of this section.
Q. The State Board of Education shall promulgate rules to
implement the provisions of this act.
SECTION 22. REPEALER 70 O.S. 2021, Sections 6-101.16 and
6-101.31, are hereby repealed.
SECTION 23. This act shall become effective July 1, 2022.
SECTION 24. It being immediately necessary for the preser vation
of the public peace, heal th or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approv al.
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Passed the Senate the 21st day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives