Req. No. 6016 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 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2676 By: Baker AS INTRODUCED 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; 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 evalua tion provisions; removing statutory citation; amending 70 O.S. 2021, Section 6- 101.31, which relates to teacher evaluation ratings; deleting statutory refere nce; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA : Req. No. 6016 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 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 administe red by the State Board of Education. The purpose of the program is to e mpower 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 t his section, a school district shall be allowed to submit a request to t he State Board of Education for an exemption from all statutory requirements and State Board of Education rules from which charter schools are exempt, a s provided for in the Oklahoma C harter Schools Act. Any requ est for exemption shall include a plan whic h outlines the goals sought to be achieved at a minimum, include including the educational and fiscal benefits and the anticipated impacts or outcomes the plan wi ll have in the district. 2. Within ninety (90) day s after receiving the request and 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 explanat ion of the basis for i ts decision. The school dist rict may resubmit an amended request at any time after the denial. The request shall be approved by the State Board before implementation by the school district. An Req. No. 6016 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 approved request and plan shall be for no longer than three (3) years. Prior to the begi nning of the third year, the school district may apply for renewal of the approved reque st and plan. The school district shall be required to submit an annual report and the State Board shall annually ass ess the academic achie vement and fiscal status of the school district. C. Nothing in this sec tion shall prevent a school district board of education from choosing to follow any or all state laws, rules or regulations from which 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 any requirement for the school district that is consistent with any statu tory 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 be entitled to attend school in the district as set forth in Section 1 -114 of this title; 2. School districts shall com ply with the requirements of the minimum salary schedule for teachers as set forth in Section 18- 114.12 18-114.14 of this title; 3. Employees of school districts shall continue to participate as members of the Teachers ' Retirement System of Oklahoma as se t forth in Section 17-101 et seq. of this t itle; Req. No. 6016 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 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 estab lish or make available to school district employees a cafeteria 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 with the district board a current Oklahoma criminal history record check from the Ok lahoma State Bureau of Investigation as wel l 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 s hall comply with the requirement requirements to evaluate teachers and to train personnel designated to conduct personnel evaluations as set forth in Sections 6-101.10 and Section 6-101.11 of this title, the dismissal and due process procedures for adminis trators 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; 7. School districts shall comply with the requirement to make 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; Req. No. 6016 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 8. School districts shall comply with the dismissal and due process procedures for educatio n 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, superintende nts, principals, supervisors or any other instructional, supervisory 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 require d to offer and students enrolled in the school district shall be require d to complete the curriculum requirements as set forth in Section 11 -103.6 of this title; 12. Students enrolled in the school district shall be required to demonstrate mastery of the state academic content standards as set forth in Section 1210.523 of thi s title; and 13. Members of the school district board of education shall be required to satisfy the instruction and continuing education requirements as set forth in Sections 5 -110, 5-110.1 and 5-110.2 of this title. Req. No. 6016 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 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 title: 1. "Administrator" means a duly certified person who devotes a majority of time to service as a superintendent, elemen tary superintendent, principal, supervisor, vice principal or in any other administrative or supervisory capacity in the school district; 2. "Dismissal" means the discontinuance of the teaching service of an administrator or teacher during the term of a w ritten contract, as provided by law; 3. "Nonreemployment" means the nonrenewal of the contract 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 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 2017 -2018 school year and thereafter: (1) has completed three (3) consecutive complete school years as a teacher in one school district Req. No. 6016 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 under a written continui ng 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) cons ecutive 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 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 teachin g 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 di strict requesting that the teacher be grante d career status, the Req. No. 6016 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 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 any final action is taken on the recomm endation, held for the purpose of affording the teacher all rights guaranteed by the Un ited States Constitution and the Constitution of Oklahoma und er circumstances and for enabling the board to determine whether to approve or disapprove the recommendation ; 6. "Probationary teacher" means a teacher who: a. is employed by a school district p rior 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 c ontract, or b. is employed for the first tim e by a school district under a written teac hing 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 ; Req. No. 6016 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 7. "Suspension" or "suspended" means the temporary discontinuance of the services of an administr ator 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 consultation with or involvement of representatives 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 negotiations agreement made in accordance with Section 509.1 et seq. of this title, the procedure for evaluating members of the n egotiations unit and any sta ndards of performance and conduct proposed for adoption beyond those established by the State Board of Education shall be negotiable items. Nothing in this sec tion shall be construed to annul, modif y or to preclude the renewal or continuing of any existin g agreement heretofore entered into between any school district and any Req. No. 6016 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 organizational representative of its employees. Every policy of evaluation adopted by a board of education shall: 1. Be based upon a set of minimum criter ia developed by the State Board of Education, which shall be revised and based upon the Oklahoma Teacher and Lead er Effectiveness Evaluation System (TLE) developed by the State Board of Ed ucation as provided in Section 6 - 101.16 of this title. The revision s 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 teachers and administrators shall be based on the quali tative 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 i n this subparagraph shall pre clude a school district with an average daily attendance of more than thirty -five thousand (35,000) from continui ng to use quantitative components which the district has incorporated at it s 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, Req. No. 6016 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 b. for evaluations of teache rs and administrators conducted during the 2017 -2018 school year, and each school year thereafter, school district s shall incorporate and put i nto 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 district. For the 2017-2018 school year, and each sc hool 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 Section 6 - 101.16 of this title. For the 2017 -2018 school year, school districts shall incorpora te 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 and administrators conducted during the 2018 -2019 school year, and each school year thereafter, school districts shall f ully incorporate and put int o operation the individualized programs of professional development as described in subsection B of this section; 2. Be prescribed in writing at the time of ad option and at all times when amendments to the policy are adopted. The original Req. No. 6016 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 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 least two times per school year, once during the fall semester and once during the spring semester; 5. Provide that ever y 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 evaluated 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 board of education, all certified personnel shall be evaluated by a principal, assistant pr incipal, designee of the prin cipal, supervisor, content e xpert, department chair, peer committee or other trained persons or groups of persons designated by the school district board of education. B. 1. Every policy of professional development adopted by a school district board of e ducation shall provide for t he development of a focused and individualized program of professional development Req. No. 6016 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 for the teacher or administrator that is consistent with the qualitative component of the TLE. The policy of profes sional development shall: a. establish an annual professi onal growth goal for the teacher or administrator that is developed by the teacher or administrator in collaboration with the evaluator, b. be tailored to addre ss a specific area or criteria identified through the qualitative co mponent 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 avai lable 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 pursuant to this subsection . All professional developme nt 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 establish ed by a school district board of educat ion pursuant to Section 6 -194 of this title. Req. No. 6016 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 The implementation of the individualized program of professional development required by this su bsection shall not be construed as increasing the professional development points requirements. 3. Individualized programs of professional dev elopment 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 degree or professional certification, f. action research projects designed to improve studen t achievement, and 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 evaluat ions shall be required to participate in training conduct ed by the State Department of Education or training provided by the school district u sing Req. No. 6016 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 guidelines and materials developed by the State Department of Education prior to conducting evaluations. D. B. The State Department of Ed ucation shall develop and conduct workshops pursuant to statewide criteria which train individuals in conducting evaluations. E. The State Board of Education shall monitor compliance with the provisions of this section by scho ol 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 for teachers and leaders. G. Refusal by a school distri ct 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 Open Records Act. SECTION 4. AMENDATORY 70 O.S. 2021, Sect ion 6-101.11, is amended to read as follows : 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 acknowledg e the written evaluation by signing the original. Within two (2) weeks after t he evaluation, the pers on evaluated may respond and said response shal l be made part of the record. Except by order of a court of competent jurisdiction, evaluation documents a nd the responses thereto shall Req. No. 6016 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be available only to the evaluated person, the b oard of education, the administrative staff making the evaluation, the board and administrative staff of any school to which such evaluated person applies for employment and suc h other persons as are specified by the teacher in writing and shall be subject to disclosure at any hearing involving a teacher or administrator 's dismissal or nonrenewal from employment. Data collected pursuant to Section 6 - 101.10 shall be available to authorized representatives of the St ate Department of Education and its contrac ting designees who must be contractually bound to the Department to ma intain confidentiality of all information received from the Department when such evaluation data is used by the Department for data collection/ analysis purposes under the Oklahoma Teache r and Leader Effectiven ess Evaluation System, and such other persons a s are specified by the teacher in writing and shall be subject to disclosure at any hearing involving a teacher or administrator's dismissal or nonrenewal from employment. SECTION 5. 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 Stat e Board of Education shall adopt a new statewide system of evalu ation to be known as the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE). The Board shall work cooperatively with school districts to incorporate the components of the TLE i n all school Req. No. 6016 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 to improve student learning and outcomes, except as prov ided 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: a. organizational and classroom managemen t skills, b. ability to provide eff ective instruction, c. focus on continuous improvement and professional growth, d. interpersonal skills, and e. leadership skills; Req. No. 6016 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. An evidence-based qualitative assessment tool for the leader qualitative portion of th e TLE that will include observable and measurable characteristic s 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, 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 o f professional development for all teachers and administrators a s adopted by the school distri ct board of education as set forth in subsection B of Section 6-101.10 of this title; 6. For districts choosing to use, at their own expense, quantitative measures of teachers and leaders as part of the district evaluation ra ting, 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 perfor mance, including performance on the statewide criterion -referenced tests if Req. No. 6016 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 available, shall be discussed with the teacher and may be one of the considerations for the teacher 's district evaluation rating. C. School districts may submit a request to the S tate Board of Education to use an alternate evaluation syste m 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 s ystem 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 evalu ated 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 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 Req. No. 6016 Page 20 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 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 and 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 cla ssroom teachers. H. I. The State Department of Education may collect school district evaluation information only as is required for f ederal reporting. The Department shall keep all data collected pursuant to the TLE and records of annual evaluations received purs uant 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 shall be constr ued to prohibit disclosure otherwise require d by this section; provided, however, any provisions requiri ng disclosure of TLE records shall be Req. No. 6016 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 1990 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 employed 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 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 temporary contracts for a co mplete school year and to teachers who are employed in positions fully funded by federal or private categorical gra nts, except that such teachers shall be employed only for the duration of the temporary contract or the grant. Req. No. 6016 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. Teachers other than those specifically excepted in subsection A of this section who are employed on contracts sh all be afforded all substanti ve and procedural rights set forth in the Teacher Due Process Act of 1990 including the dism issal, 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 w orked a complete school year under a temporary contract in a school district shall be grante d a year of service credit 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 s emesters 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 employment with the school district; or 2. Teacher who is a retired member of the Teachers ' Retirement System of Oklahoma. G. F. No teacher shall be offered 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 t emporary contract. In the event the school district fails to provide su ch written Req. No. 6016 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 contrac t in that school district. SECTION 7. AMENDATORY 70 O.S. 2021, Sec tion 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 di smissal or nonreemployment of the teacher, the administrator shal l: 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 performanc e or conduct. Req. No. 6016 Page 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 B. If the teacher does not correct the poor performance or conduct cited in the admonition within the time speci fied, the administrator shall may make a recommendation to the su perintendent of the school district for the dismissal or nonreem ployment of the teacher. C. Whenever a member of the board of education, superintendent, or other administrator identifies poo r 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 af ter being so informed by th e board, superintendent, or other administrator, such board, supe rintendent or other administrator s hall admonish the teacher pursuant to the provisions of this sect ion. D. Repeated negligence in per formance of duty, willful neg lect of duty, incompetency, instructional ineffectiveness or unsatisfactory teaching perform ance, 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. Req. No. 6016 Page 25 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 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 Evaluation System (TLE) as set forth in Section 6-101.10 of this title, the primary basis used i n determining the retention or reassignment o f affected teachers and administrators when a school district implem ents a reduction-in- force plan shall be the ratings 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 the preservation of the public peace, health 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. 59-1-6016 EK 01/18/23