Req. No. 2779 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1626 By: Pugh AS INTRODUCED An Act relating to teacher certification; amend ing 70 O.S. 2021, Section 6 -190, which relates to contracting with certified teachers; allo wing each school district board of education to approve and submit to the State Department of Education a framework for issuance of cert ain teaching certificates; removing language establishing qualifications for certain certificates; providing for contents of framework; providing for evaluation and review of frameworks; allowing teachers with certain certificates to be exempt from certain evaluation; allowing school districts to recommend teachers for certain certificates during certain time periods; allowing certain teachers to receive additional training opportunities; updating references; providing terms of contract for teachers with certain certificate ; modifying terms of contracts for teachers with cert ain certificates; providing for funding of adminis tration; creating the Teacher Empowerment Revolving Fund; specifying sources of fund; providing for expenditures ; providing purpose of fund; updating statutory language; providing for codification; providing an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -190, is amended to read as follows: Req. No. 2779 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 6-190. A. The board of education of each school district shall employ and contract in writing, as required in Section 6-101 of this title, only with persons certified to teach by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except as 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 Educat ional Quality and Accountability; 2. Has graduated from an accredited i nstitution of higher education that has approval or accreditation for teacher education; 3. Has met all other requirem ents as may be established by the Board; 4. Has made the necessa ry application and paid the competency examination fee in an amount and as prescribed by the Commission; 5. Has successfully completed the competency examination 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 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 crimin al history record, the Req. No. 2779 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Board may issue a temporary certificate which sha ll 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 histor y records. C. The Board shall issue a certificate to teach to any perso n who: 1. Holds an out-of-state certificate and meets the requirements set forth in subsection G of this section; 2. Holds certification from the National Board for Professional Teaching Standards; 3. Holds an out-of-country certificate and meets the requirements set forth in subsection F of this section; or 4. Has successfully completed a competency examination used i n the majority of other states or comparable customized exam and meets the requirements set forth in subsection H of this section. D. Beginning July 1, 2004, any person applying for initial Oklahoma certification shall have on file with the Board a curren t Oklahoma criminal history record from the Oklahoma State Bureau of Investigation as well as a national criminal history 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 effect ive until receipt of the national fingerprint -based criminal history rec ord. The person Req. No. 2779 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 certified 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 to teach to a person who holds a valid out -of-country certificate and meets any requirements established by the Board. The certificate to teach shall only be for those subject areas and grade levels most closely aligned to the subject areas and grade levels recognized on the out- of-country certificate. 2. A person who meets the requirements of paragraph 1 of this subsection shall not be required to take any competency examinat ions in those subject areas and grade levels most closely aligned to the subject areas and grade levels recognized on the 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 Oklah oma 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 Req. No. 2779 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 responsible for the cost of the criminal history record checks. 4. The Board shall promulgate rules es tablishing a process by which out-of-country certificates will be review ed and evaluated for purposes of awarding a certificate to teach pursuant to this subsection. G. 1. The Board shall i ssue a certificate to teach to a person who holds a valid out -of-state certificate. The certificate to teach shall only be for those sub ject areas and grade levels most closely aligned to the subject areas and grade levels recognized on the out-of-state certificate. 2. A person who meets the requirements of paragraph 1 of this subsection shall not be required to take any competency examin ations 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 require ments of this subsection shall have on file with the Board a current Okl ahoma criminal history record check from the Oklahoma State Bureau of Investigation as well as a national criminal hist ory record check as defined in Section 150.9 of Title 74 of the O klahoma Statutes. Upon receipt of the Oklahoma criminal history record check, the Board may issue a Req. No. 2779 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 temporary certificate which shall be effective until receipt of the national fingerprint -based criminal history record check. The person applying for a ce rtificate shall be responsible for the cost of the criminal history reco rd 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 only be for those subject areas and grade levels that corre spond with a certification area used in Oklahoma this state. 2. A person who meets the requirements of paragraph 1 of this subsection shall have on file with the Board 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. U pon receipt of the Oklahoma criminal history record check, the Bo ard may issue a temporary certificate which shall be effectiv e until receipt of the national fingerprint -based criminal history record check. The person applying for a certificate shall be r esponsible for the cost of the criminal history record checks. I. The Board shall issue a Each school district board of education may adopt and submit to the State Department of Education for approval a framework providing qualifications for the issuance of advanced, lead, and master teaching certificate certificates to any person who upon application: Req. No. 2779 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Has successfully compl eted the requirements of this subsection; 2. Has a minimum of five (5) years of experience as a teacher; 3. Participates in a meaningful individualized program of professional development, as p rovided 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. May have a teaching load of not more than seventy -five percent (75%) student instruction to allow th e teacher to mentor other teachers. J. 1. The Board shall i ssue a master teaching certificate to any person who upon application: a. has successfully completed the requirements 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 Board certification from the National Board for Professional Teaching Standards. Req. No. 2779 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Teachers with a m aster teaching certificate may assume leadership roles that include but are n ot limited to: a. the planning and delivery of professional development activities designed to improve instructional strategies, b. the facilitation of an instructional leadership team within the building or school district in which the lead teacher is assigned, and c. the mentoring of other teachers and participation in evaluations of other teachers. 3. Teachers with a master teaching certificate may have a teaching load of not m ore than fifty percent (50%) student instruction to allow the lead teacher to 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 qualitative evaluation component for teachers as required by Section 6 -101.16 of this title by performing the duties set forth in this paragraph teachers employed by the school district. Req. No. 2779 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. The framework established pursuant to this subsectio n shall provide for identification of high quality teachers employed by the school district including at a minimum: a. a teacher observation component which may be the same as that used by the district for its written policy of evaluation and corresponding professi onal development adopted pursuant to Section 6-101.10 of this title. Districts may adopt an alternative observation rubric if the State Department of Education verifies it shows evidence of validity and reliability, and b. a student performance component that includes student growth measures. The student performance component may include summative or formative pre- and post- tests, value-added measures, student learning objectives, and student portfolios. 2. The framework established pursuant to th is subsection may include additional factors including but not limited to student surveys, teacher leadership responsibilities, teacher mentorship responsibilities, family surveys, demonstrati on of district core values, teacher peer survey s, and contributions to the broader school community. J. The State Department of Education shall evaluate frameworks submitted by school districts pursuant to sub section I of this section to determine whether the y show evidence of validity and Req. No. 2779 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 reliability. After initial approva l, the Department shall review and validate frameworks biannually. K. Teachers with advanced, lead, or master teaching certificates employed by a school district that has adopted an alternative observati on rubric approved by the State Department of Education pursuant to subparagraph a of paragraph 1 of subsection I of this section may be exempt from the written policy of evaluation and corresponding professional development adopted by the school district board of education pursuant to Section 6-101.10 of this title. L. A school district that receives approval for its framework adopted pursuant to subsection I of this section may recommend teachers to the State Board of Education for advanced, lead, or master teaching certificates prior to the beginning of the school year and prior to the beginning of the second semester. M. Teachers with advanced, lead, or master teaching certificates may be placed into professional development cohor ts and provided additional training opportunities from the S tate Department of Education. K. N. The State Board of Education shall adopt rules to implement a renewal schedule and associated fees for advanced, lead, and master teaching certificates. The rules shall allow a teach er that no longer meets the requirements of a an advanced, lead, or Req. No. 2779 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 master teaching certificate to make application for the standard teaching certificate. L. O. The terms of the contracts issued to those holding advanced, lead, and master teaching certifi cates shall include the following: 1. Advanced: an additional five (5) days to be us ed to strengthen instructional leadership. A person with an advanced teaching 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 t he salary for which the teacher qualifies pursuant to Section 18 -114.14 of this title. The salary supplement amount shall be matched by an equal amount from the Teacher Em powerment Revolving Fund created pursuant to Section 2 of this act. A person with an advanced teaching certificate who is employed by a school district with an average daily attendance of less than one thousand students or a school district that receives funds pursuant to Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA), shall receive an addition al salary supplement of One Thousand Five Hundr ed Dollars ($1,500.00); 2. Lead: an additional t en (10) days to be used to strengthen instructional leadership. A person with a lead teaching certificate shall receive an annual salary supplement of at least Three Thousand Req. No. 2779 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dollars ($3,000.00) 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 teacher qualifies pursuant to Section 18 - 114.14 of this title . The salary supplement amount shall be matched by an equal amount from the Teacher Empowerment Revolving Fund created pursuant to Section 2 of this act. A person with a lead teaching certificate who is employed by a school district with an average daily attendance of less than one thousand students or a school district that receives funds pursuant to Title I, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA), shall receive an addition al salary supplement of Two Thousand Five Hundred Dollars ($2,500.00); and 2. 3. Master: an additional fifteen (15) days to be used to strengthen leadership. A person with a master teaching certificat e shall receive an annual salary supplement of at least Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) 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 . The salary supplement amount shall be matched by an equal amount from the Teacher Empowerment Revolving Fund created pursuant to Section 2 of this act. A person with a master teaching certificate who is employed by a school district with an average daily attendance of less than one thousand students or a Req. No. 2779 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 school district that receives funds pursuant to Title I, Par t A of the Elementary and Secondary Education Act of 1965 (ESEA) as reauthorized by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA), shall receive an addition al salary supplement of Five Thousand Dollars ($5,000.00). If a person with a an advanced, lead, or master teaching certificate changes school districts during the life of the certificate, the terms of the contracts required in this subsection shall be subject to approval by the new employing school district. M. 1. Any person who is eligible for a lead or master teaching certificate described in this section shall make application for the following school year with the State Board of Education. The application shall include a reco mmendation from the local board of education and determination that the applicant has met the statutory criteria. In reviewing an application, the local school board of education and the superintendent shall consider the ability of the school district to fulfill the additional requirements described in subsections I and J of this section before making a recommendation to the State Board of Education. 2. The State Department of Education shall develop an application to implement the provisions of this subs ection and make it available to school districts. N. P. Beginning in the 2021-2022 2022-2023 school year, the Department shall make the teaching certificates provided for in this Req. No. 2779 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 section available for any person who has received a recommendation from their local employing school district board of education and who meets the eligibility criteri a established in the school district’s framework adopted pursuant to subsection I of this section. O. For the 2019-2020 and 2020-2021 school years, the Department shall identify school districts to implement the tea ching certificates provided for in this section on a pilot program basis with the assistance of public -private partnerships, funding fro m philanthropic organizations or federal grants. P. The Department shall seek funding necessary for the administration of this section. If funding Q. Funding for the administration of the advanced, lead, and master teaching certificates listed in subsections I and J including salary supplements required by subsection O of this section shall be provided on a first come, f irst served basis subject to availability of funding. If funding for the administration of the advanced, lead, and master teaching certificates is not available, the Department shall not be required to ful fill the requirements listed in subsections L, M, N and O and P of this section. Q. R. The State Board of Education shall promulgate rules to implement the provisions of this act section. Req. No. 2779 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 6-190.2 of Title 70, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the “Teacher Empowerment Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Education from appropriations from the General Revenue Fund and the Oklahoma Education Lottery Trust Fund . All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Education for the purpose of providing matching salary supplement funds pursuant to t he provisions of subsection O of Section 6-190 of Title 70 of the Oklahoma Statutes . Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Manageme nt and Enterprise Services for approval and payment. SECTION 3. This act shall become effective July 1, 2022. SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-2-2779 EB 1/20/2022 2:49:40 PM