Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2676 Introduced / Bill

Filed 01/19/2023

                     
 
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