Oklahoma 2023 Regular Session

Oklahoma House Bill HB1446 Latest Draft

Bill / Engrossed Version Filed 03/23/2023

                             
 
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ENGROSSED HOUSE 
BILL NO. 1446 	By: Provenzano and Ranson of 
the House 
 
   and 
 
  Boren of the Senate 
 
 
 
 
 
 
 
 
An Act relating to teachers; amending 70 O.S. 2021, 
Section 3-129.11, which relates to the School 
District Empowerment Program; deleting statutory 
reference; amending 70 O.S. 2021, Section 6 -101.3, 
which relates to definitions; modifying definitions 
for certain types of teachers ; amending 70 O.S. 2021, 
Sections 6-101.10, 6-101.11, and 6-101.16, which 
relate to teacher evaluations; deleting requirement 
for annual review of certain written policy; removing 
requirement for a focused and individualized program 
of professional development; deleting references to 
policy and program; striking provision providing for 
release of certain data; striking statutory 
reference; removing individualized program of 
professional development requirement; permitting 
school districts to submit a request to use an 
alternative evaluation system; clarifying frequency 
of certain evaluations; allowing certain evaluation 
schedule to be designated by local policy; limiting 
collection of certain information only for federal 
reporting requirements; amending 70 O.S. 2021, 
Sections 6-101.23 and 6-101.24, which relate to the 
Teacher Due Process Act of 1990; deleting reference 
to certain evaluation provisions; removing statutory 
citation; amending 70 O.S. 2021, Section 6-101.31, 
which relates to teacher evaluation ratings; deleting 
statutory reference; providing an effective d ate; and 
declaring an emergency. 
 
 
 
   
 
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.    AMENDATORY     70 O.S. 2021, Section 3 -129.11, is 
amended to read as follows: 
Section 3-129.11 A.  There is hereby established the School 
District Empowerment Program which shall be administered by the 
State Board of Education.  The purpose of the pro gram is to empower 
locally elected school board members to govern school districts and 
make decisions based on the needs of their students and 
circumstances. 
B.  1. Subject to the provisions of this section, a school 
district shall be allowed to submit a request to the State Board of 
Education for an exemption from all statutory requirements and State 
Board of Education rules from which charter s chools are exempt, as 
provided for in the Oklahoma Charter Schools Act.  Any request for 
exemption shall include a plan which outlines the goals sought to be 
achieved at a minimum, include including the educational and fiscal 
benefits and the anticipated i mpacts or outcomes the plan will have 
in the district. 
2.  Within ninety (90) days after receiving the request a nd 
plan, the State Board shall approve or disapprove the request.  If 
the State Board does not approve the request, it shall provide to 
the school district a written explanation of the basis for its 
decision.  The school district may resubmit an amended re quest at 
any time after the denial.  The request shall be approved by the   
 
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State Board before implementatio n by the school district.  An 
approved request and plan shall be for no longer than three (3) 
years.  Prior to the beginning of the third year, the sc hool 
district may apply for renewal of the approved reque st and plan. 
The school district shall be requir ed to submit an annual report and 
the State Board shall annually assess the academic achievement and 
fiscal status of the school district. 
C.  Nothing in this section shall prevent a school district 
board of education from choosing to follow any or all sta te laws, 
rules or regulations from whi ch a charter school is exempt. A 
school district which has been granted approval by the State Board 
for an exemption as set forth in subsection B of this section shall 
have the option to adopt policies to implement an y requirement for 
the school district that is consistent with any statutory 
requirement or mandate or State Board rule, but a participating 
school district shall comply with the following requirements: 
1.  Students who reside in the school district shall b e entitled 
to attend school in the dis trict as set forth in Section 1-114 of 
this title; 
2. School districts shall comply with the requirements of th e 
minimum salary schedule for teachers as set forth in Section 18-
114.12 18-114.14 of this title;   
 
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3.  Employees of school districts shall contin ue to participate 
as members of the Teachers' Retirement System of Oklahoma as set 
forth in Section 17-101 et seq. of this title; 
4.  School districts shall comply with the requirement to 
provide a health insurance plan for school district employees as set 
forth in Section 5-117.5 of this title and to establish or make 
available to school district employees a cafete ria plan as set forth 
in Section 26-104 of this title; 
5.  School districts sha ll require any person employed by the 
school district to file wit h the district 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.  Each 
district shall adopt a policy regarding criminal history record 
checks as set forth in Section 5 -142 of this title; 
6.  School districts shall comply with the requirement 
requirements to evaluate teachers and to train personnel designated 
to conduct personnel evaluation s as set forth in Sections 6-101.10 
and Section 6-101.11 of this title, the dismissal and due process 
procedures for administrators as set forth in Sections 6 -101.13 
through 6-101.15 of this title and the due pro cess procedures for 
teachers as set forth in Sections 6-101.21 through 6-101.26 of this 
title;   
 
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7. School districts shall comply with the requirement to mak e 
payroll deductions for either or both professional organization dues 
and political contributions u pon the request of an employee as set 
forth in Section 5-139 of this title; 
8.  School districts shall comply with the dismissal and due 
process procedures for education support employees as set forth in 
Sections 6-101.40 through 6-101.47 of this title; 
9. School districts shall employ as teachers, counselors, 
librarians, school nurses, superintendents, principals, supervisors 
or any other instructional, sup ervisory or administrative employee 
only those persons who are certified by the State Board of Educa tion 
in accordance with the Oklahoma Teacher Preparation Act, except for 
persons exempt from the certification requirements as otherwise 
provided by law; 
10.  School districts shall provide for negotiations between 
school employees and school districts as set forth in Sections 509.1 
through 509.11 of this title; 
11.  School districts shall be required to offer and students 
enrolled in the school district shal l be required to complete the 
curriculum requirements as set forth in Section 11 -103.6 of this 
title; 
12.  Students enrolled in the school distr ict shall be required 
to demonstrate mastery of the state academic content standards as 
set forth in Section 121 0.523 of this title; and   
 
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13.  Members of the school district board of education shall be 
required to satisfy the instruction and continuing educ ation 
requirements as set forth in Sections 5-110, 5-110.1 and 5-110.2 of 
this title. 
SECTION 2.    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 ti tle: 
1.  "Administrator" means a duly certified person who devotes a 
majority of time to service as a superinten dent, elementary 
superintendent, principal, supervisor, vice principal or in any 
other administrative or s upervisory capacity in the school dist rict; 
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 contrac t of an 
administrator or teacher upon expiration of the contract; 
4.  "Career teacher" means a teacher who: 
a. is employed by a school district prior to the 2017-
2018 school year and has completed three (3) or more 
consecutive complete school years as a te acher in one 
school district under a w ritten continuing or 
temporary teaching contract, or 
b. is employed for the first time by a school district 
under a written continuing or temporary teaching   
 
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contract during the 2017 -2018 school year and 
thereafter: 
(1) has completed three (3) consecutive c omplete 
school years as a teacher in one school district 
under a written continuing or temporary teaching 
contract and has achieved a district 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 temporar y teaching 
contract, has averaged a district evaluation 
rating of at least "effective" as measured 
pursuant to the TLE for the four-year period, and 
has received district evaluation r atings 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   
 
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the principal of the school at which the te acher 
is employed submits a petition t o the 
superintendent of the school district requesting 
that the teacher be granted career status, the 
superintendent agrees with the petition, and the 
school district board of education approves the 
petition.  The principal shall specify in the 
petition the underlying facts supporting the 
granting of career status to the teacher; 
5.  "Teacher hearing" means the hearing before a school district 
board of education after a recommendation fo r dismissal or 
nonreemployment of a teacher has been made but before an y final 
action is taken on the recommendation, held for the purpose of 
affording the teacher all rights guarante ed by the United States 
Constitution and the Constitution of Oklahoma und er circumstances 
and for enabling the board to determine whether to app rove or 
disapprove the recommendation; 
6.  "Probationary teacher" means a teacher who: 
a. is employed by a schoo l district prior to the 2017-
2018 school year and has completed fewer tha n three 
(3) consecutive complete school years as a teacher in 
one school district under a written teaching contract, 
or   
 
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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; 
8.  "Teacher" means a person defined as a teacher has the same 
meaning as provided in Section 1-116 of this title; and 
9.  "District evaluation rating" means the rating issued based 
on the components of the TLE Oklahoma Teacher and Leader 
Effectiveness Evaluation System (TLE) as set forth in subsection B 
of Section 6-101.16 of this title. 
SECTION 3.     AMENDATORY     70 O.S. 2021, Section 6-101.10, is 
amended to read as follows: 
Section 6-101.10 A.  Each school district board of education 
shall maintain and annually rev iew, following consultat ion with or 
involvement of representat ives selected by local teachers, a written 
policy of evaluation and corresponding professional development fo r 
all teachers and administrators.  In those school districts in which 
there exists a professional negotiatio ns agreement made in 
accordance with Section 509.1 et seq. of this title, the procedure 
for evaluating members of the negotiations unit and any sta ndards of   
 
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performance and conduct proposed for adoption beyond those 
established by the State Board of Educat ion shall be negotiable 
items.  Nothing in this section shall be construed to annul, modify 
or to preclude the renewal or continuing of any existin g agreement 
heretofore entered into between any school district and any 
organizational representative of its employees.  Every policy of 
evaluation adopted by a board of education shall: 
1.  Be based upon a set of minimum criteria developed by the 
State Board of Education, which shall be revised and based upon the 
Oklahoma Teacher and Lead er Effectiveness Evaluat ion System (TLE) 
developed by the Stat e Board of Education as provided in Section 6-
101.16 of this title.  The revisions to each policy of evaluati on 
shall be phased in according to the following schedule: 
a. for the 2014-2015, 2015-2016 and 2016-2017 school 
years, the evaluation rating of tea chers and 
administrators shall be based on the qualitative 
component of the TLE.  For the 2016 -2017 school year, 
the State Department of Education shall work with 
school districts to develop ind ividualized programs of 
professional development as described in subsection B 
of this section.  However, nothing in this 
subparagraph shall preclude a school district with an 
average daily attendance of more than thirty -five 
thousand (35,000) from continui ng to use quantitative   
 
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components which the district has incor porated at its 
own expense prior to the 2015-2016 school year into 
its evaluation system of teachers and admi nistrators, 
as defined by the district 's written policy, 
b. for evaluations of teache rs and administrators 
conducted during the 2017 -2018 school year, and each 
school year thereafter, school districts shall 
incorporate and put into operation the qualitativ e 
component of the TLE as provided for in subsection B 
of Section 6-101.16 of this title into the evaluations 
used in all school sites within the d istrict.  For the 
2017-2018 school year, and each school year 
thereafter, teachers and administrators shall r eceive 
a district evaluation rating based on the components 
of the TLE as set forth i n subsection B of Sectio n 6-
101.16 of this title.  For the 201 7-2018 school year, 
school districts shall incorporate the individualized 
programs of professional developmen t as described in 
subsection B of this section on a pilot program basis, 
and 
c. for evaluations of teachers a nd administrators 
conducted during the 2018-2019 school year, and each 
school year thereafter, school districts shall fully 
incorporate and put int o operation the individualized   
 
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programs of professional development as described in 
subsection B of this sect ion; 
2.  Be prescribed in writing at t he 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 t he 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 evaluated per son; 
4.  Provide that every probationary teacher receive formative 
feedback from the evaluation process at le ast two times per school 
year, once during the fall semester and once during the spring 
semester; 
5.  Provide that every teacher be evaluated once every year, 
except for career teachers receiving a district evaluation rating of 
"superior" or "highly effective" under the TLE who may be evaluate d 
once every three (3) years; and 
6.  Provide that, except for superintendents of independent and 
elementary school districts and superintendents of area school 
districts who shall be evaluated by the school district b oard of 
education, all certified perso nnel shall be evaluated by a 
principal, assistant principal, designee of the principal, 
supervisor, content e xpert, department chair, peer committee or   
 
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other trained persons or groups of persons designated by the schoo l 
district board of education. 
B.  1.  Every policy of professional development adopted by a 
school district board of education shall provide for t he development 
of a focused and individualized program of professional development 
for the teacher or adminis trator that is consistent with the 
qualitative component of the TLE.  The policy of professional 
development shall: 
a. establish an annual professi onal growth goal for the 
teacher or administrator that is developed by the 
teacher or administrator in collab oration with the 
evaluator, 
b. be tailored to address a specific area or criteria 
identified through the qualitative component of the 
TLE, 
c. allow the teacher or administrator to actively engage 
with learning practices that are evi dence-based, 
researched practices that are correlated with 
increased student achievement, and 
d. be supported by resources that are easily available 
and supplied by the sc hool district and the State 
Department of Education. 
2.  School districts shall monit or compliance with each 
individualized program of professional development implemented   
 
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pursuant to this subsection. All professional development completed 
pursuant to an individualized program of professional development 
shall count toward the total numbe r of points a teacher or 
administrator is required to complete as established by a school 
district board of education pursuant to Section 6 -194 of this title.  
The implementation of the individualized program of professional 
development required by this su bsection shall not be co nstrued as 
increasing the professional development points requirements. 
3.  Individualized programs of professional development required 
by this subsection may include but are not limited to the following 
learning practices: 
a. presenter-led workshops, 
b. individual or faculty studies of books , scholarly 
articles and video productions, 
c. peer observations, 
d. committee studies to address student ach ievement 
issues, 
e. work related to a specific subject area or areas 
associated with obtaining an advanced de gree or 
professional certification, 
f. action research projects designed to improve student 
achievement, and   
 
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g. participation in local, regional or state initiatives 
associated with the development or implementation of 
curriculum standards. 
C. All individuals designated by the school district board of 
education to conduct the personnel evaluations shall be required to 
participate in training conduct ed by the State Department of 
Education or training provided by the school district u sing 
guidelines and materials developed by the State Departmen t of 
Education prior to conducting evaluations. 
D. B.  The State Department of Education shall develop and 
conduct workshops pursuant to statewide criteria which train 
individuals in conducting evaluations. 
E.  The State Board of Education shall monitor co mpliance with 
the provisions of this section by school districts. 
F.  The State Board of Education shall stud y continued 
implementation of the TLE to produce a system that promotes 
reflection and professional growth fo r teachers and leaders. 
G.  Refusal by a school district to comply with the provisions 
of this section shall be grounds for withholding State Aid f unds 
until compliance occurs. 
H.  Data collected pursuant to this section shall not b e subject 
to the Oklahoma Open Meeting Act or the Oklahoma Ope n Records Act. 
SECTION 4.     AMENDATORY     70 O.S. 2021, Section 6 -101.11, is 
amended to read as follows:   
 
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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 acknowledge the written 
evaluation by signing the original.  Within two (2) w eeks after the 
evaluation, the pers on evaluated may respond and said response shal l 
be made part of the re cord.  Except by order of a court of c ompetent 
jurisdiction, evaluation documents and the responses thereto shall 
be available only to the evaluated p erson, the board of education, 
the administrative staff making the evaluation, the board and 
administrative staff of any school to which such ev aluated person 
applies for employment and such other persons as are specified by 
the teacher in writing and shal l be subject to disclosure at any 
hearing involving a teacher or administrator 's dismissal or 
nonrenewal from employment.  Data collected pursua nt to Section 6-
101.10 shall be available to authorized representatives of the State 
Department of Education and its contracting designees who must be 
contractually bound to the Department to ma intain confidentiality o f 
all information received from the De partment when such evaluation 
data is used by the Department for data collection/analysis purposes 
under the Oklahoma Teacher and Leader Effectiven ess Evaluation 
System, and such other persons a s are specified by the t eacher in 
writing and shall be subject to disclosure at any hearing involving 
a teacher or administrator's dismissal or nonrenewal from 
employment.   
 
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SECTION 5.     AMENDATORY     70 O.S. 2021, Section 6 -101.16, is 
amended to read as follow s: 
Section 6-101.16 A.  By December 15, 2011, the State Board of 
Education shall adopt a new statewide system of evaluation to be 
known as the Oklahoma Teacher and Leader Effectiveness Evaluation 
System (TLE).  The Board shall work cooperatively with scho ol 
districts to incorporate the compon ents of the TLE in all school 
districts by the 2017-2018 school year as provided for in Section 6 -
101.10 of this title. 
B.  The TLE shall include the following co mponents: 
1.  Annual evaluations that provide feedback t o improve student 
learning and outcome s, except as provided for in subsection C 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 su ccess, including, but 
not limited to:   
 
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a. organizational and cl assroom 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 assessment tool for the leader 
qualitative portion of the TLE that will include observable and 
measurable characteristics of personnel and site manage ment 
practices that are correlated to student perfo rmance success, 
including, but not limited to: 
a. organizational and school management, includ ing 
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 distri ct 
board of education as set forth in subsection B of Section 6-101.10 
of this title;   
 
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6. For districts choosing to use, at their own expense, 
quantitative measures of teachers and leaders as part of the 
district evaluation rating, such measures shall incl ude a minimum of 
one reliable, research -based measure as approved by the State Boar d 
of Education pursuant to subsection D E of this section; and 
7. 6. For all district evaluations, student performance, 
including performance on the statewide criterion -referenced tests if 
available, shall be discussed with the teacher and may be one of the 
considerations for th e teacher's district evaluation rating . 
C.  Career School districts may submit a request to the State 
Board of Education to use an alternate evaluatio n 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 evaluation system which meets 
the criteria of the TLE system. 
D.  All school district certified personnel shall be evaluated 
annually, except career teachers receiving a district evaluation 
rating of "superior" or "highly effective" under the TLE, who may be 
evaluated once every three (3) years as designated by loca l board of 
education policy. 
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 quantitative 
evaluation component for teachers .  The State Board of Education   
 
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shall approve and publish a list of approved measures by February 1, 
2016. 
E. F. A school district with an ave rage daily attendance of 
more than thirty-five thousand (35,000) which has incorpor ated 
quantitative components of t he TLE into its evaluation sys tem 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 provisi ons of this 
section and regardles s of the State Board of Educat ion's adoption of 
quantitative components pursuant to this section. 
F. G. The State Department of Education s hall provide to the 
Oklahoma State Regents for Higher Education and the Oklahoma 
Commission for Educational Quality an d Accountability timely 
electronic data linked to teachers and leaders derived from the TLE 
for purposes of providing a basis for the deve lopment of 
accountability and quality improvements of the teacher preparation 
system.  The data shall be provided in a manner and at such times as 
agreed upon between the Department, the State Regents and the 
Commission. 
G. H. For purposes of this section , "leader" means a principal, 
assistant principal or any other school administrator who is 
responsible for supervising classroom teachers. 
H. I. The State Department of Education may collect school 
district evaluation information only as is required for f ederal   
 
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reporting.  The Department 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 section 
which identify, in any way, a current or former public employee 
shall not be subject to disclosure under the Oklahoma Open Records 
Act.  Nothing in this subsection sh all be construed to prohibit 
disclosure otherwise required by this section; provided, however, 
any provisions requiring disclosure of TLE records shall be 
construed narrowly and all individually identifying information 
shall be removed from such records to the fullest extent possible. 
SECTION 6.     AMENDATORY     70 O.S. 2021, Section 6 -101.23, is 
amended to read as follows: 
Section 6-101.23 A.  The dismissal, suspension and 
nonreemployment provisions of the Teacher Due Process Act of 19 90 
shall not apply to: 
1.  Substitute teachers; 
2.  Adult education teachers; and 
3.  Teachers who are emp loyed on temporary contracts. 
B.  The dismissal and suspension provisions of the Teacher Due 
Process Act of 1990 shall apply to teachers who are emplo yed on 
temporary contracts f or 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 gr ant.   
 
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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 temporary contracts for a complete 
school year and to teachers who are employed in pos itions fully 
funded by federal or private categorical grants, except that such 
teachers shall be employed only for the duration of the temporary 
contract or the grant. 
D.  Teachers other than those specifically excepted in 
subsection A of this section who are employed on contracts sh all 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 probationary or career 
teachers as defined in Section 6-101.3 of this title. 
E. D. On and after the effective date of this act July 1, 2000, 
any teacher who has worked a complete school year under a temporary 
contract in a school district shall be granted a year of service 
credit toward career sta tus in that district. 
F. E.  No teacher shall be hired on a temporary contract by a 
school district for mo re than four semesters or on multiple 
temporary contracts by a school district that together are for more 
than four semesters, except for a: 
1.  Teacher hired to replace a teache r who is on an approved 
leave of absence and who is expected to return to empl oyment with 
the school district; or   
 
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2. Teacher who is a retired member of the Teachers' Retirement 
System of Oklahoma. 
G. F. No teacher shall be off ered a temporary contract wi th a 
school district without a full written disclosure at the time a 
position is offered by the administration of the school district 
which sets forth the terms and conditions of the temporary contract.  
In the event the school district fails to provide su ch written 
disclosure, the teacher shall be considered as employed on a 
continuing contract basis. 
H. G. On and after the effective date of this act July 1, 2000, 
no teacher who is employed on a co ntinuing contract basis by a 
school district shall be reem ployed on a temporary contract in that 
school district. 
SECTION 7.     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 Oklahoma 
Teacher and Leader Effecti veness 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 recommendat ion for the 
dismissal or nonreemplo yment 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 teacher, the administrator shal l:   
 
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1.  Admonish the teacher, in wri ting, and make a reasonable 
effort to assist the tea cher in correcting the poor performance or 
conduct; and 
2.  Establish a reasonable time for improvement, not to exceed 
two (2) months, taking into consideration the rati ng on the 
evaluation or the nature and gravity of the performance or conduct. 
B.  If the teacher does not correct the poor performance or 
conduct cited in the admonition within the time specified, the 
administrator shall may make a recommendation to the su perintendent 
of the school district for the dismissal or nonreemployment of the 
teacher. 
C. Whenever a member of the board of education, superintenden t, 
or other administrator identifies poor performance or conduct that 
may lead to a recommendation for di smissal 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 informed by th e board, 
superintendent, or other administrator, such board, superintendent 
or other administrator shall admonish the teacher pursuant to the 
provisions of this sect ion. 
D. Repeated negligence in per formance of duty, willful neglect 
of duty, incompetency, instructional ineffectiveness or   
 
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unsatisfactory teaching pe rformance, for a career teacher, or any 
cause related to inadequate teaching performance for a probationa ry 
teacher, shall not be a basis fo r a recommendation to dismiss or not 
reemploy a teacher unless and until the provisions of this section 
have been complied with. 
SECTION 8.     AMENDATORY     70 O.S. 2021, Section 6 -101.31, is 
amended to read as follows: 
Section 6-101.31  Upon full implementation of the Oklahoma 
Teacher and Leader Effectiveness Ev aluation System (TLE) as set 
forth in Section 6-101.10 of this title, the primary basis used in 
determining the retention or reassignment o f affected teachers and 
administrators when a school district implements a reduction -in-
force plan shall be the ratin gs of the teachers and administrators 
as measured pursuant to the TLE as set forth in Section 6-101.16 of 
this title. 
SECTION 9. This act shall become effective July 1, 2023. 
SECTION 10.  It being immediately necessary for t he preservation 
of the public peace, h ealth or safety, an emergency is hereby 
declared to exist, by reason whereof thi s act shall take effect a nd 
be in full force from and after its passage and approval. 
   
 
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Passed the House of Representatives the 22nd day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of __________, 2023. 
 
 
 
  
 	Presiding Officer of the Senate