Oklahoma 2023 Regular Session

Oklahoma House Bill HB1450 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 5 9th Legislature (2023)
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3232 HOUSE BILL 1450 By: Provenzano
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3838 AS INTRODUCED
3939
4040 An Act relating to teachers; amending 70 O.S. 2021,
4141 Section 3-121, which relates to funds appropriated to
4242 the State Board of Education; deleting statutory
4343 reference; amending 70 O.S. 2021, Section 3 -129.11,
4444 which relates to the School District Empowerment
4545 Program; deleting statutory reference; amending 70
4646 O.S. 2021, Sections 6-101.11 and 6-101.16, which
4747 relate to teacher evaluations; striking provision
4848 providing for release of certain data; deleting
4949 statutory reference; deleting individual ized program
5050 of professional development requirement; amending 70
5151 O.S. 2021, Sections 6-101.21, 6-101.23, and 6-101.24,
5252 which relate to the Teacher Due Process Act of 1990;
5353 striking statutory reference; deleting reference to
5454 certain evaluation provisions; removing statutory
5555 citation; amending 70 O.S. 2021, Section 6 -101.31,
5656 which relates to teacher evaluation ratings; deleting
5757 statutory reference; repealing 70 O.S. 2021, Section
5858 6-101.10, which relates to school district evaluation
5959 policies; and providing an effective d ate.
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6666 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6767 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-121, is
6868 amended to read as follows:
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9595 Section 3-121. A portion of the funds appropriated to the State
9696 Board of Education for the Administrative and Support Functions of
9797 the State Department of Education shall be expended for:
9898 1. The cost involved in administering, scoring, reporting and
9999 other incidental duties necessary to accomplish the provis ions of
100100 the Oklahoma School Testing Program Act;
101101 2. Preschool deaf education programs operated by the State
102102 Department of Education; and
103103 3. Conducting training workshops for administrative personnel
104104 pursuant to the provisions of Section 6 -101.10 of this title.
105105 SECTION 2. AMENDATORY 70 O.S. 2021, Section 3 -129.11, is
106106 amended to read as follows:
107107 Section 3-129.11 A. There is hereby established the School
108108 District Empowerment Program which shall be administered by the
109109 State Board of Education. The purpose of the program is to empower
110110 locally elected school board members to govern school districts and
111111 make decisions based on the needs of their students and
112112 circumstances.
113113 B. 1. Subject to the provisions of this section, a school
114114 district shall be allowed to submit a request to the State Board of
115115 Education for an exemption from all statutory requirements and State
116116 Board of Education rules from which charter schools are exempt, a s
117117 provided for in the Oklahoma Charter Schools Act. Any request for
118118 exemption shall include a plan which outlines the goals sought to be
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145145 achieved at a minimum, include including the educational and fiscal
146146 benefits and the anticipated impacts or outcomes the plan wi ll have
147147 in the district.
148148 2. Within ninety (90) days after receiving the request and
149149 plan, the State Board shall approve or disapprove the request. If
150150 the State Board does not approve the request , it shall provide to
151151 the school district a written explanat ion of the basis for its
152152 decision. The school district may resubmit an amended request at
153153 any time after the denial. The request shall be approved by the
154154 State Board before implementation by the school district. An
155155 approved request and plan shall be for no longer than three (3)
156156 years. Prior to the beginning of the third year, the school
157157 district may apply for renewal of the approved reque st and plan.
158158 The school district shall be required to su bmit an annual report and
159159 the State Board shall annually ass ess the academic achievement and
160160 fiscal status of the school district.
161161 C. Nothing in this section shall prevent a school district
162162 board of education from choosing to follow any or all state laws,
163163 rules or regulations from which a charter school is exempt. A
164164 school district which has been granted approval by the State Board
165165 for exemption as set forth in subsection B of this section shall
166166 have the option to adopt policies to implement any requireme nt for
167167 the school district that is consistent with any statu tory
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194194 requirement or mandate or State Board rule, but a participating
195195 school district shall comply with the following requirements:
196196 1. Students who reside in the school district shall be entitled
197197 to attend school in the district as set forth in Section 1 -114 of
198198 this title;
199199 2. School districts shall comply with the requirements of the
200200 minimum salary schedule for teachers as set forth in Section 18-
201201 114.12 18-114.14 of this title;
202202 3. Employees of school districts shall continue to participate
203203 as members of the Teachers ' Retirement System of Oklahoma as set
204204 forth in Section 17-101 et seq. of this title;
205205 4. School districts shall comply with the requirement to
206206 provide a health insurance plan for schoo l district employees as set
207207 forth in Section 5-117.5 of this title and to estab lish or make
208208 available to school district employees a cafeteria plan as set forth
209209 in Section 26-104 of this title;
210210 5. School districts sha ll require any person employed by the
211211 school district to file with the district board a current Oklahoma
212212 criminal history record check from the Oklahoma State Bureau of
213213 Investigation as well as a national criminal history record check as
214214 defined in Section 150.9 of Title 74 of the Oklahoma Sta tutes. Each
215215 district shall adopt a policy regarding criminal history record
216216 checks as set forth in Section 5 -142 of this title;
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243243 6. School districts shall comply with the requirement
244244 requirements to evaluate teachers and to train personnel designated
245245 to conduct personnel evaluations as set forth in Sections 6-101.10
246246 and Section 6-101.11 of this title, the dismissal and due process
247247 procedures for administrators as set forth in Sections 6 -101.13
248248 through 6-101.15 of this title and the due pro cess procedures for
249249 teachers as set forth in Sections 6 -101.21 through 6-101.26 of this
250250 title;
251251 7. School districts shall comply with the requirement to make
252252 payroll deductions for either or both professional organization dues
253253 and political contributions u pon the request of an employee as set
254254 forth in Section 5-139 of this title;
255255 8. School districts shall comply with the dismissal and due
256256 process procedures for education support employees as set forth in
257257 Sections 6-101.40 through 6-101.47 of this title;
258258 9. School districts shall employ as teachers, counselors,
259259 librarians, school nurses, superintendents, principa ls, supervisors
260260 or any other instructional, supervisory or administrative employee
261261 only those persons who are certified by the State Board of Educa tion
262262 in accordance with the Oklahoma Teacher Preparation Ac t, except for
263263 persons exempt from the certificatio n requirements as otherwise
264264 provided by law;
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291291 10. School districts shall provide for negotiations between
292292 school employees and school districts as set forth in Sections 509.1
293293 through 509.11 of this title;
294294 11. School districts shall be required to offer an d students
295295 enrolled in the school district shall be required to complete the
296296 curriculum requirements as set forth in Section 11 -103.6 of this
297297 title;
298298 12. Students enrolled in the school district shall be re quired
299299 to demonstrate mastery of the state academi c content standards as
300300 set forth in Section 1210.523 of this title ; and
301301 13. Members of the school district board of education shall be
302302 required to satisfy the instruction and continuing education
303303 requirements as set forth in Sections 5 -110, 5-110.1 and 5-110.2 of
304304 this title.
305305 SECTION 3. AMENDATORY 70 O.S. 2021, Section 6 -101.11, is
306306 amended to read as follows:
307307 Section 6-101.11 Whenever any evaluation is made of a teacher
308308 or administrator, a true copy of the evaluation shall be presented
309309 to the person evaluated, who shall acknowledg e the written
310310 evaluation by signing the original. Within two (2) weeks after the
311311 evaluation, the person evaluat ed may respond and said response shall
312312 be made part of the record. Except by order of a court of competent
313313 jurisdiction, evaluation documents a nd the responses thereto shall
314314 be available only to the evaluated person, the board of education,
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341341 the administrative staff making the evaluation, the board and
342342 administrative staff of any school to which such evaluated person
343343 applies for employment and suc h other persons as are specified by
344344 the teacher in writing and shall be subject to disclosure at any
345345 hearing involving a teacher or administrator 's dismissal or
346346 nonrenewal from employment. Data collected pursuant to Section 6 -
347347 101.10 shall be available to authorized representatives of the State
348348 Department of Education and its contracting designees who must be
349349 contractually bound to the Department to maintain confidentiality of
350350 all information received from the Department when such evaluation
351351 data is used by the Department for data collection/analysis purposes
352352 under the Oklahoma Teacher and Leader Effectiveness Evalua tion
353353 System, and such other persons as are specified by the teacher in
354354 writing and shall be subject to disclosure at any hearing involving
355355 a teacher or administrator's dismissal or nonrenewal from
356356 employment.
357357 SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-101.16, is
358358 amended to read as follows:
359359 Section 6-101.16 A. By December 15, 2011, the Stat e Board of
360360 Education shall adopt a new statewide system of evaluation to be
361361 known as the Oklahoma Teache r and Leader Effectiveness Evaluation
362362 System (TLE). The Board shall work coope ratively with school
363363 districts to incorporate the components of the TLE i n all school
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390390 districts by the 2017 -2018 school year as provided for in Section 6 -
391391 101.10 of this title .
392392 B. The TLE shall include the followin g components:
393393 1. Annual evaluations that provide feedback to improve student
394394 learning and outcomes, except as prov ided for in subsection C of
395395 this section;
396396 2. A five-tier district evaluation rating system as follows:
397397 a. superior,
398398 b. highly effective,
399399 c. effective,
400400 d. needs improvement, and
401401 e. ineffective;
402402 3. An evidence-based qualitative assessment tool for the
403403 teacher qualitative portion of the TLE that will include observable
404404 and measurable characteristics of person nel and classroom practices
405405 that are correlated to student performance success, including, but
406406 not limited to:
407407 a. organizational and classroom managemen t skills,
408408 b. ability to provide effective instruction,
409409 c. focus on continuous improvement and profession al
410410 growth,
411411 d. interpersonal skills, a nd
412412 e. leadership skills;
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439439 4. An evidence-based qualitative assessment tool for the leader
440440 qualitative portion of th e TLE that will include observable and
441441 measurable characteristics of personnel and site management
442442 practices that are correlated to student p erformance success,
443443 including, but not lim ited to:
444444 a. organizational and school management, including
445445 retention and development of effective teachers and
446446 dismissal of ineffective teachers,
447447 b. instructional leadership,
448448 c. professional growth and responsibil ity,
449449 d. interpersonal skills,
450450 e. leadership skills, and
451451 f. stakeholder perceptions;
452452 5. An individualized program o f professional development for
453453 all teachers and administrators as adopted by the school district
454454 board of education as set forth in subsectio n B of Section 6-101.10
455455 of this title;
456456 6. For districts choosing to use, at their own expense,
457457 quantitative measures of teachers and leaders as part of the
458458 district evaluation rating, such measures shall include a mini mum of
459459 one reliable, research -based measure as approved by the State Board
460460 of Education pursuant to subsection D of this section; and
461461 7. 6. For all district evaluations, student performance,
462462 including performance on the statewide criterion -referenced tests if
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489489 available, shall be discussed wi th the teacher and may be one of the
490490 considerations for the teacher 's district evaluation rating.
491491 C. Career teachers receiving a district evaluation rating of
492492 "superior" or "highly effective" under the TLE may be evalu ated once
493493 every three (3) years.
494494 D. By December 1, 2015, the Teacher and Leade r Effectiveness
495495 Commission shall recommend to the State Board of Educatio n multiple
496496 reliable, research-based measures to provide a quantitative
497497 evaluation component for teachers . The State Board of Education
498498 shall approve and publish a list of approved me asures by February 1,
499499 2016.
500500 E. A school district with an average daily a ttendance of more
501501 than thirty-five thousand (35,000) which has incorporated
502502 quantitative components of t he TLE into its evaluation system of
503503 teachers and administrators prior to the 2 015-2016 school year may
504504 continue using its evaluation system, as defined by the school
505505 district's written policies, notwithstanding the provisions of this
506506 section and regardles s of the State Board of Education 's adoption of
507507 quantitative components pursuan t to this section.
508508 F. The State Department of Education shall provide to the
509509 Oklahoma State Regents for Higher Education and the Oklahoma
510510 Commission for Educational Quality and Accountability timely
511511 electronic data linked to teachers and leaders derived f rom the TLE
512512 for purposes of providing a basis for the development of
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539539 accountability and quality improvements of the teacher preparation
540540 system. The data shall be provided in a manner and at such times as
541541 agreed upon between the Department, the State Regen ts and the
542542 Commission.
543543 G. For purposes of this section, "leader" means a principal,
544544 assistant principal or any other school administrator who is
545545 responsible for supervising cla ssroom teachers.
546546 H. The State Depart ment of Education shall keep all data
547547 collected pursuant to the TLE and records of annual evaluations
548548 received pursuant to this section confidential. Records created
549549 pursuant to this section which identify, in any way, a current or
550550 former public employee shall not be subject to disclosure under t he
551551 Oklahoma Open Records Act. Nothing in this subsection shall be
552552 construed to prohibit disclosure otherwise required by this section;
553553 provided, however, any provisions requiri ng disclosure of TLE
554554 records shall be construed narrowly and all individually i dentifying
555555 information shall be removed from such records to the fullest extent
556556 possible.
557557 SECTION 5. AMENDATORY 70 O.S. 2021, Section 6 -101.21, is
558558 amended to read as follows:
559559 Section 6-101.21 A. The State Board of Education shall
560560 promulgate standards of performance and conduct for teachers. A
561561 copy of such standards, any amendments to such standards and any
562562 standards adopted by the board of education of the school district
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589589 shall be provided by the board of education of each school district
590590 to each teacher on or before April 10 of each year.
591591 B. The State Board of Education shall include the statutory
592592 grounds for dismissal and nonreemployment of career teachers within
593593 this standards documen t.
594594 C. Standards which may be adopted by the board of education of
595595 a school district shall not conflict with state or federal law or
596596 standards promulgated by the State Board o f Education.
597597 D. In determining whether or not the professional performance
598598 of a teacher is adequate, the standards adopted by the State Board
599599 of Education shall be considered. Consideration may be given to any
600600 written standards of performance which have been adopted by any
601601 other education-oriented organization or agency. Professiona l
602602 performance or conduct of a teacher which is in compliance with
603603 standards adopted by the State Board of Education or the local board
604604 of education pursuant to Section 71 of t his act shall not be
605605 considered in support of any dismissal or nonreemployment ac tion
606606 against the teacher.
607607 SECTION 6. AMENDATORY 70 O.S. 2021, Section 6 -101.23, is
608608 amended to read as follows:
609609 Section 6-101.23 A. The dismissal, suspension and
610610 nonreemployment provisions of the Teacher Due Process Act of 1990
611611 shall not apply to:
612612 1. Substitute teachers ;
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639639 2. Adult education teachers; and
640640 3. Teachers who are emp loyed on temporary contracts.
641641 B. The dismissal and suspension provisions of the Teacher Due
642642 Process Act of 1990 shall apply to teachers who are employed on
643643 temporary contracts for a complete scho ol year and to teachers who
644644 are employed in positions fully funded by federal or private
645645 categorical grants, except that such teachers shall be employed only
646646 for the duration of the temporary contract or the grant.
647647 C. The evaluation provisions in Sections 6-101.10 and 6-101.11
648648 of this title and in the Teacher Due Process Act of 1990 shall apply
649649 to teachers who are employed on temporary contracts for a complete
650650 school year and to teachers who are employed in positio ns fully
651651 funded by federal or private cate gorical grants, except that such
652652 teachers shall be employed only for the duration of the temporary
653653 contract or the grant.
654654 D. Teachers other than those specificall y excepted in
655655 subsection A of this section who are employed on contracts shall be
656656 afforded all substantive and procedural rights set forth in the
657657 Teacher Due Process Act of 1990 including the dismissal, suspension,
658658 and nonreemployment provisions applicable to probationary or career
659659 teachers as defined in S ection 6-101.3 of this title.
660660 E. D. On and after the effective date of this act any teacher
661661 who has worked a complete school year under a temporary contract in
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688688 a school district shall be granted a year of service credit toward
689689 career status in that distri ct.
690690 F. E. No teacher shall be hired on a temporary contract by a
691691 school district for more than four s emesters or on multiple
692692 temporary contracts by a school district that together are for more
693693 than four semesters, except for a:
694694 1. Teacher hired to replac e a teacher who is on an approved
695695 leave of absence and who is expected to return to employment with
696696 the school district; or
697697 2. Teacher who is a retired member of the Teachers ' Retirement
698698 System of Oklahoma.
699699 G. F. No teacher shall be offered a temporary c ontract with a
700700 school district without a f ull written disclosure at the time a
701701 position is offered by the administration of the school district
702702 which sets forth the terms and conditions of the temporary co ntract.
703703 In the event the school district fails to provide such written
704704 disclosure, the teach er shall be considered as employed on a
705705 continuing contract basis.
706706 H. G. On and after the effective date of this act no teacher
707707 who is employed on a continuing co ntract basis by a school district
708708 shall be reemployed on a temporary contract in that school district.
709709 SECTION 7. AMENDATORY 70 O.S. 2021, Section 6 -101.24, is
710710 amended to read as follows:
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737737 Section 6-101.24 A. Upon full implementation of the Oklahoma
738738 Teacher and Leader Effectivene ss Evaluation System (TLE) as set
739739 forth in Section 6-101.10 of this title, when a teacher receives a
740740 rating as measured pursuant to the TLE as set forth in Sectio n 6-
741741 101.16 of this title that may lead to a recommendation for the
742742 dismissal or nonreemploymen t of the teacher or when an administrator
743743 identifies poor performance or conduct that the administrator
744744 believes may lead to a recommendation for the dismissal or
745745 nonreemployment of the teacher, the administrator shall:
746746 1. Admonish the teacher, in writing , and make a reasonable
747747 effort to assist the teacher in correcting the poor performance or
748748 conduct; and
749749 2. Establish a reasonable time for improvement, not to ex ceed
750750 two (2) months, taking into consideration the rating on the
751751 evaluation or the nature and gravity of the performance or conduct.
752752 B. If the teacher does not correct the poor performance or
753753 conduct cited in the admonition within the time specified, the
754754 administrator shall may make a recommendation to the superintendent
755755 of the school district for the dismissal or nonreemployment of the
756756 teacher.
757757 C. Whenever a member of the board of education, superintendent,
758758 or other administrator identifies poor performance or conduct that
759759 may lead to a recommendation for dismissal or nonreemployment of a
760760 teacher within the district, the administrator who ha s
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787787 responsibility for evaluation of the teacher shall be informed, and
788788 that administrator shall comply with the procedure s set forth in
789789 this section. If the administrator fails or refuses to admonish the
790790 teacher within ten (10) days after being so informed by the board,
791791 superintendent, or other administrator, such board, superintendent
792792 or other administrator shall admonish the teacher pursuant to the
793793 provisions of this section.
794794 D. Repeated negligence in perform ance of duty, willful neglect
795795 of duty, incompetency, instructional ineffectiveness or
796796 unsatisfactory teaching performance, for a career teacher, or any
797797 cause related to inadequate teaching performance for a probationary
798798 teacher, shall not be a basis for a recommendation to dismiss or not
799799 reemploy a teacher unless and until the provisions of this section
800800 have been complied with.
801801 SECTION 8. AMENDATORY 70 O.S. 2021, Section 6 -101.31, is
802802 amended to read as follows:
803803 Section 6-101.31 Upon full implementation of the Oklahoma
804804 Teacher and Leader Effectiveness Evaluation System (TLE) as set
805805 forth in Section 6-101.10 of this title, the primary basis used i n
806806 determining the retention or reassignment of affected te achers and
807807 administrators when a school district implements a reduction -in-
808808 force plan shall be the ratings of the teachers and administrators
809809 as measured pursuant to the TLE as set forth in Section 6-101.16 of
810810 this title.
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837837 SECTION 9. REPEALER 70 O.S. 2021, Section 6-101.10, is
838838 hereby repealed.
839839 SECTION 10. This act shall become effective November 1, 2023.
840840
841841 59-1-6104 EK 01/16/23