| 88 | | - | or in using language, spoken or written, that may manifest itself in |
|---|
| 89 | | - | the imperfect ability to listen, think, speak, read, write, spell or |
|---|
| 90 | | - | to do mathematical calculation s, including conditions such as |
|---|
| 91 | | - | perceptual disabilities, brain injury, minimal brain dysfunction, |
|---|
| 92 | | - | dyslexia and developmental aphasia. The term does not include |
|---|
| 93 | | - | learning problems that are primarily the result o f visual, hearing |
|---|
| 94 | | - | or motor disabilities, of in tellectual disability, of emotional |
|---|
| 95 | | - | disturbance or of environmental, cultural or economic disadvantage; |
|---|
| 96 | | - | 3. "Deafness" means a hearing impairment that is so severe that |
|---|
| 97 | | - | the child is impaired in processing lingu istic information through |
|---|
| 98 | | - | hearing, with or wit hout amplification, that adversely affect s a |
|---|
| 99 | | - | child's educational performance; |
|---|
| 100 | | - | 4. "Economically disadvantaged " means all children who qualify |
|---|
| 101 | | - | for free or reduced lunches; |
|---|
| 102 | | - | 5. "Intellectual disability " means significantly subaverage |
|---|
| 103 | | - | general intellectual fun ctioning, existing concurrently with |
|---|
| 104 | | - | deficits in adaptive behavior and manifested during the development |
|---|
| 105 | | - | period, that adversely affects a child 's educational performance; |
|---|
| 106 | | - | 6. "Emotional disturbance " means a condition exhibiting one or |
|---|
| 107 | | - | more of the following characteristics over a long period of ti me and |
|---|
| 108 | | - | to a marked degree that adversely affects a child 's educational |
|---|
| 109 | | - | performance: |
|---|
| 110 | | - | a. an inability to learn which cannot be explained by |
|---|
| 111 | | - | intellectual, sensory or health factors, |
|---|
| 103 | + | BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA: |
|---|
| 104 | + | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -129.11, is |
|---|
| 105 | + | amended to read as follows: |
|---|
| 106 | + | Section 3-129.11 A. There is hereby established the School |
|---|
| 107 | + | District Empowerment Program which shall be administe red by the |
|---|
| 108 | + | State Board of Education. The purpose of the pro gram is to empower |
|---|
| 109 | + | locally elected school board members to govern school districts and |
|---|
| 110 | + | make decisions based on the needs of their students and |
|---|
| 111 | + | circumstances. |
|---|
| 112 | + | B. 1. Subject to the provisions of t his section, a school |
|---|
| 113 | + | district shall be allowed to submit a request to the State Board of |
|---|
| 114 | + | Education for an exemption from all statutory requirements and State |
|---|
| 115 | + | Board of Education rules from which charter s chools are exempt, a s |
|---|
| 116 | + | provided for in the Oklahoma C harter Schools Act. Any request for |
|---|
| 117 | + | exemption shall include a plan which outlines the goals sought to be |
|---|
| 118 | + | achieved at a minimum, include including the educational and fiscal |
|---|
| 119 | + | benefits and the anticipated i mpacts or outcomes the plan wi ll have |
|---|
| 120 | + | in the district. |
|---|
| 121 | + | 2. Within ninety (90) days after receiving the request a nd |
|---|
| 122 | + | plan, the State Board shall approve or disapprove the request. If |
|---|
| 123 | + | the State Board does not approve the request, it shall provide to |
|---|
| 124 | + | the school district a written explanat ion of the basis for i ts |
|---|
| 125 | + | decision. The school district may resubmit an amended re quest at |
|---|
| 126 | + | any time after the denial. The request shall be approved by the |
|---|
| 138 | | - | b. an inability to build or maintain satisfactory |
|---|
| 139 | | - | interpersonal relationships with peers and teachers, |
|---|
| 140 | | - | c. inappropriate types of behavior or feelings under |
|---|
| 141 | | - | normal circumstances, |
|---|
| 142 | | - | d. a general pervasive mood of unhappiness or depression, |
|---|
| 143 | | - | or |
|---|
| 144 | | - | e. a tendency to develop physical symptoms or fears |
|---|
| 145 | | - | associated with personal or school problem s. |
|---|
| 146 | | - | The term includes children who are schizophrenic. The term does not |
|---|
| 147 | | - | include children who are socially maladjusted, unless it is |
|---|
| 148 | | - | determined that they are seriously em otionally disturbed; |
|---|
| 149 | | - | 7. "Gifted" means identified students as outlined in Section |
|---|
| 150 | | - | 1210.301 of this title; |
|---|
| 151 | | - | 8. "Hearing impairment" means an impairment in hearing, whether |
|---|
| 152 | | - | permanent or fluctuating, that adversely affects a child 's |
|---|
| 153 | | - | educational performance b ut that is not included under the |
|---|
| 154 | | - | definition of "deafness"; |
|---|
| 155 | | - | 9. "Multiple disabilities " means concomitant impairments, such |
|---|
| 156 | | - | as intellectual disability – blindness or intellectual disability – |
|---|
| 157 | | - | orthopedic impairment, the combination of which causes such seve re |
|---|
| 158 | | - | educational needs that they cannot be accom modated in special |
|---|
| 159 | | - | education programs sol ely for one of the impairments. The term does |
|---|
| 160 | | - | not include deaf-blindness; |
|---|
| 154 | + | State Board before implementatio n by the school district. An |
|---|
| 155 | + | approved request and plan shall be for no longer than three (3) |
|---|
| 156 | + | years. Prior to the beginning of the third year, the sc hool |
|---|
| 157 | + | district may apply for renewal of the approved reque st and plan. |
|---|
| 158 | + | The school district shall be requir ed to submit an annual report and |
|---|
| 159 | + | the State Board shall annually ass ess the academic achie vement and |
|---|
| 160 | + | fiscal status of the school district. |
|---|
| 161 | + | C. Nothing in this section shall prevent a school district |
|---|
| 162 | + | board of education from choosing to follow any or all sta te laws, |
|---|
| 163 | + | rules or regulations from whi ch a charter school is exempt. A |
|---|
| 164 | + | school district which has been granted approval by the State Board |
|---|
| 165 | + | for an exemption as set forth in subsection B of this section shall |
|---|
| 166 | + | have the option to adopt policies to implement an y requirement for |
|---|
| 167 | + | the school district that is consistent with any statu tory |
|---|
| 168 | + | requirement or mandate or State Board rule, but a participating |
|---|
| 169 | + | school district shall comply with the following requirements: |
|---|
| 170 | + | 1. Students who reside in the school district shall b e entitled |
|---|
| 171 | + | to attend school in the dis trict as set forth in Section 1 -114 of |
|---|
| 172 | + | this title; |
|---|
| 173 | + | 2. School districts shall comply with the requirements of th e |
|---|
| 174 | + | minimum salary schedule for teachers as set forth in Section 18- |
|---|
| 175 | + | 114.12 18-114.14 of this title; |
|---|
| 187 | | - | 10. "Orthopedic impairment " means a severe orthopedic |
|---|
| 188 | | - | impairment that adversely affects a chi ld's educational performance. |
|---|
| 189 | | - | The term includes impairments caused by a congenital ano maly, |
|---|
| 190 | | - | impairments caused by disease such as poliomyelitis and bone |
|---|
| 191 | | - | tuberculosis, and impairments from other causes such as cerebral |
|---|
| 192 | | - | palsy, amputations and fractures or b urns that cause contractures; |
|---|
| 193 | | - | 11. "Other health impairment" means having limited stren gth, |
|---|
| 194 | | - | vitality or alertness, including a heightened alertness to |
|---|
| 195 | | - | environmental stimuli, that results in limited alertness with |
|---|
| 196 | | - | respect to the educational environment that adversely affects a |
|---|
| 197 | | - | child's educational performance and is due to chronic or acute |
|---|
| 198 | | - | health problems such as asthma, attention deficit disorder or |
|---|
| 199 | | - | attention deficit hyperactivity disorder, diabetes, epilepsy, a |
|---|
| 200 | | - | heart condition, hemophilia, lead poisoning, l eukemia, nephritis, |
|---|
| 201 | | - | rheumatic fever, sickle ce ll anemia and Tourette syndrome; |
|---|
| 202 | | - | 12. "Speech or language impairment " means a communication |
|---|
| 203 | | - | disorder, such as stuttering, impaired articulation, a language |
|---|
| 204 | | - | impairment, or a voice impairment, that adversely affe cts a child's |
|---|
| 205 | | - | educational performance; |
|---|
| 206 | | - | 13. "Deaf-blindness" means concomitant hearing and visual |
|---|
| 207 | | - | impairments, the combination of which causes such severe |
|---|
| 208 | | - | communication and other developmental and educational problems that |
|---|
| 209 | | - | they cannot be accommodated in sp ecial education programs solely for |
|---|
| 210 | | - | children with deafness or children with blindness; |
|---|
| 203 | + | 3. Employees of school districts shall contin ue to participate |
|---|
| 204 | + | as members of the Teachers ' Retirement System of Oklahoma as set |
|---|
| 205 | + | forth in Section 17-101 et seq. of this title; |
|---|
| 206 | + | 4. School districts shall comply with the requirement to |
|---|
| 207 | + | provide a health insurance plan for school district employees as set |
|---|
| 208 | + | forth in Section 5-117.5 of this title and to estab lish or make |
|---|
| 209 | + | available to school district employees a cafete ria plan as set forth |
|---|
| 210 | + | in Section 26-104 of this title; |
|---|
| 211 | + | 5. School districts sha ll require any person employed by the |
|---|
| 212 | + | school district to file wit h the district board a current Oklahoma |
|---|
| 213 | + | criminal history record check from the Oklahoma State Bureau of |
|---|
| 214 | + | Investigation as well as a national criminal history record check as |
|---|
| 215 | + | defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Each |
|---|
| 216 | + | district shall adopt a policy regarding criminal history record |
|---|
| 217 | + | checks as set forth in Section 5 -142 of this title; |
|---|
| 218 | + | 6. School districts shall comply with the requirement |
|---|
| 219 | + | requirements to evaluate teachers and to train personnel designated |
|---|
| 220 | + | to conduct personnel evaluation s as set forth in Sections 6-101.10 |
|---|
| 221 | + | and Section 6-101.11 of this title, the dismissal and due process |
|---|
| 222 | + | procedures for administrators as set forth in Sections 6 -101.13 |
|---|
| 223 | + | through 6-101.15 of this title and the due pro cess procedures for |
|---|
| 224 | + | teachers as set forth in Sections 6-101.21 through 6-101.26 of this |
|---|
| 225 | + | title; |
|---|
| 237 | | - | 14. "Autism" means a developmental disability significantly |
|---|
| 238 | | - | affecting verbal and nonverbal communication and social interaction, |
|---|
| 239 | | - | generally evident before age three (3), that adversely affects a |
|---|
| 240 | | - | child's educational performance. Other characteristics often |
|---|
| 241 | | - | associated with autism are engagement in repetitive activities and |
|---|
| 242 | | - | stereotyped movements, resistance to environmental change or change |
|---|
| 243 | | - | in daily routines, and unusual re sponses to sensory experiences. |
|---|
| 244 | | - | Autism does not apply if a child's educational perform ance is |
|---|
| 245 | | - | adversely affected primarily because the child has an emotional |
|---|
| 246 | | - | disturbance, as defined in this subsection; |
|---|
| 247 | | - | 15. "Traumatic brain injury " means an acquired injur y to the |
|---|
| 248 | | - | brain caused by an external physical force, resulting in total or |
|---|
| 249 | | - | partial functional disability or psychosocial impairment, or both, |
|---|
| 250 | | - | that adversely affects a child 's educational performance. Traumatic |
|---|
| 251 | | - | brain injury applies to open or closed head i njuries resulting in |
|---|
| 252 | | - | impairments in one or mor e areas such as cognition; language; |
|---|
| 253 | | - | memory; attention; reasoning; abstract thinking; judgment; problem - |
|---|
| 254 | | - | solving; sensory, perceptual, and motor abilities; psychosocial |
|---|
| 255 | | - | behavior; physical functions; information processing; and speech. |
|---|
| 256 | | - | Traumatic brain injur y does not apply to brain injuries that a re |
|---|
| 257 | | - | congenital or degenerative or to brain injuries induced by birth |
|---|
| 258 | | - | trauma; |
|---|
| 259 | | - | 16. "Bilingual English language learner" means those students : |
|---|
| 253 | + | 7. School districts shall comply with the requirement to mak e |
|---|
| 254 | + | payroll deductions for either or both professional organization dues |
|---|
| 255 | + | and political contributions u pon the request of an employee as set |
|---|
| 256 | + | forth in Section 5-139 of this title; |
|---|
| 257 | + | 8. School districts shall comply with the dismissal and due |
|---|
| 258 | + | process procedures for education support employees as set forth in |
|---|
| 259 | + | Sections 6-101.40 through 6-101.47 of this title; |
|---|
| 260 | + | 9. School districts shall employ as teachers, counselors, |
|---|
| 261 | + | librarians, school nurses, superintende nts, principals, supervisors |
|---|
| 262 | + | or any other instructional, sup ervisory or administrative employee |
|---|
| 263 | + | only those persons who are certified by the State Board of Educa tion |
|---|
| 264 | + | in accordance with the Oklahoma Teacher Preparation Act, except for |
|---|
| 265 | + | persons exempt from the certification requirements as otherwise |
|---|
| 266 | + | provided by law; |
|---|
| 267 | + | 10. School districts shall provide for negotiations between |
|---|
| 268 | + | school employees and school districts as set forth in Sections 509.1 |
|---|
| 269 | + | through 509.11 of this title; |
|---|
| 270 | + | 11. School districts shall be require d to offer and students |
|---|
| 271 | + | enrolled in the school district shal l be required to complete the |
|---|
| 272 | + | curriculum requirements as set forth in Section 11 -103.6 of this |
|---|
| 273 | + | title; |
|---|
| 274 | + | 12. Students enrolled in the school distr ict shall be required |
|---|
| 275 | + | to demonstrate mastery of the state academic content standards as |
|---|
| 276 | + | set forth in Section 121 0.523 of this title; and |
|---|
| 286 | | - | a. who have limited English speaking abilities or who |
|---|
| 287 | | - | come from homes where English is not the dominant |
|---|
| 288 | | - | language as reported on the current year application |
|---|
| 289 | | - | for accreditation: |
|---|
| 290 | | - | (1) were not born in the United States or whose |
|---|
| 291 | | - | native language is a language other than English, |
|---|
| 292 | | - | (2) are Native American or Alaska Natives, or a |
|---|
| 293 | | - | native resident of the outlying areas, and who |
|---|
| 294 | | - | come from an environment where a language other |
|---|
| 295 | | - | than English has had a significant impact on the |
|---|
| 296 | | - | student's level of English language proficiency, |
|---|
| 297 | | - | or |
|---|
| 298 | | - | (3) are migratory, whose native lang uage is a |
|---|
| 299 | | - | language other than Eng lish, and who come from an |
|---|
| 300 | | - | environment where a language other than English |
|---|
| 301 | | - | is dominant, and |
|---|
| 302 | | - | b. whose difficulties in speaking, reading, writing , or |
|---|
| 303 | | - | understanding the English language may be sufficient |
|---|
| 304 | | - | to deny the student: |
|---|
| 305 | | - | (1) the ability to meet the state 's proficient level |
|---|
| 306 | | - | of achievement on state assessments, |
|---|
| 307 | | - | (2) the ability to successfully achieve in classrooms |
|---|
| 308 | | - | where the language of instruction is English, or |
|---|
| 309 | | - | (3) the opportunity to participate fully in society . |
|---|
| 304 | + | 13. Members of the school district board of education shall be |
|---|
| 305 | + | required to satisfy the instruction and continuing educ ation |
|---|
| 306 | + | requirements as set forth in Sections 5 -110, 5-110.1 and 5-110.2 of |
|---|
| 307 | + | this title. |
|---|
| 308 | + | SECTION 2. AMENDATORY 70 O.S. 2021, Section 6 -101.3, is |
|---|
| 309 | + | amended to read as follows: |
|---|
| 310 | + | Section 6-101.3 As used in Section 6-101 et seq. of this ti tle: |
|---|
| 311 | + | 1. "Administrator" means a duly certified person who devotes a |
|---|
| 312 | + | majority of time to service as a superinten dent, elementary |
|---|
| 313 | + | superintendent, principal, supervisor, vice principal or in any |
|---|
| 314 | + | other administrative or s upervisory capacity in the school dist rict; |
|---|
| 315 | + | 2. "Dismissal" means the discontinuance of the teaching service |
|---|
| 316 | + | of an administrator or teacher during the term of a written |
|---|
| 317 | + | contract, as provided by law; |
|---|
| 318 | + | 3. "Nonreemployment" means the nonrenewal of the contrac t of an |
|---|
| 319 | + | administrator or teacher upon expiration of the contract; |
|---|
| 320 | + | 4. "Career teacher" means a teacher who: |
|---|
| 321 | + | a. is employed by a school district prior to the 2017- |
|---|
| 322 | + | 2018 school year and has completed three (3) or more |
|---|
| 323 | + | consecutive complete school years as a te acher in one |
|---|
| 324 | + | school district under a w ritten continuing or |
|---|
| 325 | + | temporary teaching contract, or |
|---|
| 326 | + | b. is employed for the first time by a school district |
|---|
| 327 | + | under a written continuing or temporary teaching |
|---|
| 336 | | - | Any school district receiving funds for a student who is categorized |
|---|
| 337 | | - | as an English language learner shall reevaluate the student annually |
|---|
| 338 | | - | using assessments required by federal law to confirm the stud ent |
|---|
| 339 | | - | continues to meet the definition of English language learner as |
|---|
| 340 | | - | provided in this paragraph; |
|---|
| 341 | | - | 17. "Special Education Summer Program " means those summer |
|---|
| 342 | | - | school programs which school districts may provide for children who |
|---|
| 343 | | - | are severely or profoundly multiple -handicapped if their |
|---|
| 344 | | - | individualized education program states the need for a continuing |
|---|
| 345 | | - | educational experience to prevent loss of educational achievement or |
|---|
| 346 | | - | basic life skills. Any school district receiving funds for such |
|---|
| 347 | | - | special education summer programs shall provide services as provided |
|---|
| 348 | | - | in Section 13-101 of this title; and |
|---|
| 349 | | - | 18. "Optional Extended Sch ool Year Program" means the program |
|---|
| 350 | | - | defined in Section 1-109.1 of this title. |
|---|
| 351 | | - | B. The State Board of Education is hereby authorized t o modify |
|---|
| 352 | | - | and redefine by rule the definitions set out in this section |
|---|
| 353 | | - | whenever such modification is required to receive fed eral assistance |
|---|
| 354 | | - | therefor. |
|---|
| 355 | | - | SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -201.1, is |
|---|
| 356 | | - | amended to read as follows: |
|---|
| 357 | | - | Section 18-201.1 A. Beginning with the 2020 -21 school year, |
|---|
| 358 | | - | and each school year thereafter, t he weighted membership of a school |
|---|
| 359 | | - | district for calculation of Fo undation Aid purposes pursuant to |
|---|
| 355 | + | contract during the 2017 -2018 school year and |
|---|
| 356 | + | thereafter: |
|---|
| 357 | + | (1) has completed three (3) consecutive c omplete |
|---|
| 358 | + | school years as a teacher in one school district |
|---|
| 359 | + | under a written continuing or temporary teaching |
|---|
| 360 | + | contract and has achieved a district evaluation |
|---|
| 361 | + | rating of "superior" as measured pursuant to the |
|---|
| 362 | + | TLE as set forth in Section 6-101.16 of this |
|---|
| 363 | + | title for at least two (2) of the three (3) |
|---|
| 364 | + | school years, |
|---|
| 365 | + | (2) has completed four (4) consecutive complete |
|---|
| 366 | + | school years as a teacher in one school district |
|---|
| 367 | + | under a written continuing or temporar y teaching |
|---|
| 368 | + | contract, has averaged a district evaluation |
|---|
| 369 | + | rating of at least "effective" as measured |
|---|
| 370 | + | pursuant to the TLE for the four-year period, and |
|---|
| 371 | + | has received district evaluation r atings of at |
|---|
| 372 | + | least "effective" for the last two (2) years of |
|---|
| 373 | + | the four-year period, or |
|---|
| 374 | + | (3) has completed four (4) or more consecutive |
|---|
| 375 | + | complete school years in one school district |
|---|
| 376 | + | under a written continuing or temporary teaching |
|---|
| 377 | + | contract and has not met the requirements of |
|---|
| 378 | + | subparagraph a or b of this paragraph, only if |
|---|
| 386 | | - | paragraph 1 of subsection D of Section 18 -200.1 of this title shall |
|---|
| 387 | | - | be the sum of the weighted pupil grade level calculation, the |
|---|
| 388 | | - | weighted pupil category cal culation, the weighted district |
|---|
| 389 | | - | calculation and the weighted teac her experience and degree |
|---|
| 390 | | - | calculation. The weighted membership of a school district for |
|---|
| 391 | | - | calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
|---|
| 392 | | - | of subsection D of Section 18 -200.1 of this title shall be the sum |
|---|
| 393 | | - | of the weighted pupil grade lev el calculation, the weighted pupil |
|---|
| 394 | | - | category calculation, the weighted district calculation and the |
|---|
| 395 | | - | weighted teacher experience and degree calculation. |
|---|
| 396 | | - | B. Beginning with the 2022 -2023 school year, the weighted |
|---|
| 397 | | - | calculations provided for in subsection A of t his section shall be |
|---|
| 398 | | - | based on the higher weighted average daily membership of the first |
|---|
| 399 | | - | nine (9) weeks of the current school year or the preceding school |
|---|
| 400 | | - | year of a school district, unless oth erwise specified. The higher |
|---|
| 401 | | - | of the two (2) weighted average dai ly memberships shall be used |
|---|
| 402 | | - | consistently in all of the calculations; however, the weighted |
|---|
| 403 | | - | calculation for a statewide virtual charter school experiencing a |
|---|
| 404 | | - | significant decline in membership shall be based on the first nine |
|---|
| 405 | | - | (9) weeks of the current school year for the statewide virtual |
|---|
| 406 | | - | charter school. For purposes of this subsection, "significant |
|---|
| 407 | | - | decline in membership " means equal to or greater than a fifteen |
|---|
| 408 | | - | percent (15%) decrease in averag e daily membership from the |
|---|
| 409 | | - | preceding school year to the average daily membership of the first |
|---|
| 406 | + | the principal of the school at which the te acher |
|---|
| 407 | + | is employed submits a petition t o the |
|---|
| 408 | + | superintendent of the school di strict requesting |
|---|
| 409 | + | that the teacher be granted career status, the |
|---|
| 410 | + | superintendent agrees with the petition, and the |
|---|
| 411 | + | school district board of education approves the |
|---|
| 412 | + | petition. The principal shall specify in the |
|---|
| 413 | + | petition the underlying facts supporting the |
|---|
| 414 | + | granting of career status to the teacher ; |
|---|
| 415 | + | 5. "Teacher hearing" means the hearing before a school district |
|---|
| 416 | + | board of education after a recommendation fo r dismissal or |
|---|
| 417 | + | nonreemployment of a teacher has been made but before an y final |
|---|
| 418 | + | action is taken on the recomm endation, held for the purpose of |
|---|
| 419 | + | affording the teacher all rights guarante ed by the United States |
|---|
| 420 | + | Constitution and the Constitution of Oklahoma und er circumstances |
|---|
| 421 | + | and for enabling the board to determine whether to app rove or |
|---|
| 422 | + | disapprove the recommendation ; |
|---|
| 423 | + | 6. "Probationary teacher" means a teacher who: |
|---|
| 424 | + | a. is employed by a schoo l district prior to the 2017- |
|---|
| 425 | + | 2018 school year and has completed fewer tha n three |
|---|
| 426 | + | (3) consecutive complete school years as a teacher in |
|---|
| 427 | + | one school district under a written teaching c ontract, |
|---|
| 428 | + | or |
|---|
| 436 | | - | nine (9) weeks of the current school year . The average daily |
|---|
| 437 | | - | membership data used for all calculations in paragraphs 1, 2, 3 and |
|---|
| 438 | | - | 4 of this subsection shall be t he same as used in the calculation of |
|---|
| 439 | | - | the State Aid Formula . The weighted calculations provided for in |
|---|
| 440 | | - | subsection A of this section shall be determined as follows: |
|---|
| 441 | | - | 1. The weighted pupil grade level calculation shall be |
|---|
| 442 | | - | determined by taking the highest av erage daily membership and |
|---|
| 443 | | - | assigning weights to the pupils accord ing to grade attended as |
|---|
| 444 | | - | follows: |
|---|
| 445 | | - | GRADE LEVEL WEIGHT |
|---|
| 446 | | - | a. Half-day early childhood programs .7 |
|---|
| 447 | | - | b. Full-day early childhood programs 1.3 |
|---|
| 448 | | - | c. Half-day kindergarten 1.3 |
|---|
| 449 | | - | d. Full-day kindergarten 1.5 |
|---|
| 450 | | - | e. First and second grade 1.351 |
|---|
| 451 | | - | f. Third grade 1.051 |
|---|
| 452 | | - | g. Fourth through sixth grade 1.0 |
|---|
| 453 | | - | h. Seventh through twelfth grade 1.2 |
|---|
| 454 | | - | i. Out-of-home placement 1.50 |
|---|
| 455 | | - | Multiply the membership of each subparagraph of this paragraph by |
|---|
| 456 | | - | the weight assigned to such subpara graph of this paragraph and add |
|---|
| 457 | | - | the totals together to determin e the weighted pupil grade level |
|---|
| 458 | | - | calculation for a school district . Determination of the pupils |
|---|
| 459 | | - | eligible for the early childhood program weight shall be pursuant to |
|---|
| 456 | + | b. is employed for the first time by a school district |
|---|
| 457 | + | under a written teaching contract during the 2017 -2018 |
|---|
| 458 | + | school year and thereafter and has not met the |
|---|
| 459 | + | requirements for career teacher as provided in |
|---|
| 460 | + | paragraph 4 of this section ; |
|---|
| 461 | + | 7. "Suspension" or "suspended" means the temporary |
|---|
| 462 | + | discontinuance of the services of an administrator or teacher, as |
|---|
| 463 | + | provided by law; |
|---|
| 464 | + | 8. "Teacher" means a person defined as a teacher has the same |
|---|
| 465 | + | meaning as provided in Section 1-116 of this title; and |
|---|
| 466 | + | 9. "District evaluation rating" means the rating issued based |
|---|
| 467 | + | on the components of the TLE Oklahoma Teacher and Leader |
|---|
| 468 | + | Effectiveness Evaluation System (TLE) as set forth in subsection B |
|---|
| 469 | + | of Section 6-101.16 of this title. |
|---|
| 470 | + | SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-101.10, is |
|---|
| 471 | + | amended to read as follows: |
|---|
| 472 | + | Section 6-101.10 A. Each school district board of education |
|---|
| 473 | + | shall maintain and annually rev iew, following consultat ion with or |
|---|
| 474 | + | involvement of representat ives selected by local teachers, a written |
|---|
| 475 | + | policy of evaluation and corresponding professional development fo r |
|---|
| 476 | + | all teachers and administrators. In those school districts in which |
|---|
| 477 | + | there exists a professional negotiatio ns agreement made in |
|---|
| 478 | + | accordance with Section 509.1 et seq. of this title, the procedure |
|---|
| 479 | + | for evaluating members of the negotiations unit and any sta ndards of |
|---|
| 486 | | - | the provisions of Section 1 -114 of this title. The pupils eligible |
|---|
| 487 | | - | for the out-of-home placement pupil weight shall be students who are |
|---|
| 488 | | - | not residents of the school district in which they are receiving |
|---|
| 489 | | - | education pursuant to the provisions of subsection D of Section 1 - |
|---|
| 490 | | - | 113 of this title. Such weight may be claimed by the district |
|---|
| 491 | | - | providing educational services to such student for the days that |
|---|
| 492 | | - | student is enrolled in that district . If claimed, the out-of-home |
|---|
| 493 | | - | placement weight shall be in lieu of the pupil grade level and any |
|---|
| 494 | | - | pupil category weights for that student. Provided, if a student |
|---|
| 495 | | - | resides in a juvenile detention center that is restricted to less |
|---|
| 496 | | - | than twelve (12) beds, the out -of-home placement pupil weight for |
|---|
| 497 | | - | such students shall be calculated as follows: for a center with six |
|---|
| 498 | | - | (6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a |
|---|
| 499 | | - | center with ten (10) beds - 1.80. |
|---|
| 500 | | - | 2. The weighted pupil category calculation shall be determined |
|---|
| 501 | | - | by assigning a weight to the pupil category as follows: |
|---|
| 502 | | - | CATEGORY WEIGHT |
|---|
| 503 | | - | a. Visual Impairment 3.8 |
|---|
| 504 | | - | b. Specific Learning Disability .4 |
|---|
| 505 | | - | c. Deafness or Hearing Impairment 2.9 |
|---|
| 506 | | - | d. Deaf-Blindness 3.8 |
|---|
| 507 | | - | e. Intellectual Disability 1.3 |
|---|
| 508 | | - | f. Emotional Disturbance 2.5 |
|---|
| 509 | | - | g. Gifted .34 |
|---|
| 507 | + | performance and conduct proposed for adoption beyond those |
|---|
| 508 | + | established by the State Board of Educat ion shall be negotiable |
|---|
| 509 | + | items. Nothing in this section shall be construed to annul, modif y |
|---|
| 510 | + | or to preclude the renewal or continuing of any existin g agreement |
|---|
| 511 | + | heretofore entered into between any school district and any |
|---|
| 512 | + | organizational representative of its employees. Every policy of |
|---|
| 513 | + | evaluation adopted by a board of education shall: |
|---|
| 514 | + | 1. Be based upon a set of minimum criteria developed by the |
|---|
| 515 | + | State Board of Education, which shall be revised and based upon the |
|---|
| 516 | + | Oklahoma Teacher and Lead er Effectiveness Evaluat ion System (TLE) |
|---|
| 517 | + | developed by the Stat e Board of Education as provided in Section 6 - |
|---|
| 518 | + | 101.16 of this title. The revisions to each policy of evaluati on |
|---|
| 519 | + | shall be phased in according to the following schedule: |
|---|
| 520 | + | a. for the 2014-2015, 2015-2016 and 2016-2017 school |
|---|
| 521 | + | years, the evaluation rating of tea chers and |
|---|
| 522 | + | administrators shall be based on the quali tative |
|---|
| 523 | + | component of the TLE. For the 2016 -2017 school year, |
|---|
| 524 | + | the State Department of Education shall work with |
|---|
| 525 | + | school districts to develop ind ividualized programs of |
|---|
| 526 | + | professional development as described in subsection B |
|---|
| 527 | + | of this section. However, nothing i n this |
|---|
| 528 | + | subparagraph shall preclude a school district with an |
|---|
| 529 | + | average daily attendance of more than thirty -five |
|---|
| 530 | + | thousand (35,000) from continui ng to use quantitative |
|---|
| 536 | | - | h. Multiple Disabilities 2.4 |
|---|
| 537 | | - | i. Orthopedic Impairment 1.2 |
|---|
| 538 | | - | j. Speech or Language Imp airment .05 |
|---|
| 539 | | - | k. Bilingual English Language Learner .25 .34 |
|---|
| 540 | | - | l. Special Education Summer Program 1.2 |
|---|
| 541 | | - | m. Economically Disadvantaged .25 .34 |
|---|
| 542 | | - | n. Optional Extended School Year |
|---|
| 543 | | - | Program As determined by |
|---|
| 544 | | - | the State Board |
|---|
| 545 | | - | of Education |
|---|
| 546 | | - | o. Autism 2.4 |
|---|
| 547 | | - | p. Traumatic Brain Injury 2.4 |
|---|
| 548 | | - | q. Other Health Impairment 1.2 |
|---|
| 549 | | - | Except as otherwise provided, multiply the number of pupils approve d |
|---|
| 550 | | - | in the school year with the highest average daily membership in each |
|---|
| 551 | | - | category by the weight assigned to such category and add the totals |
|---|
| 552 | | - | together to determine the weighted pupil category calculation for a |
|---|
| 553 | | - | school district. For the 1997-98 school year and subsequent school |
|---|
| 554 | | - | years, the number to be multiplied by the weight assigned to the |
|---|
| 555 | | - | gifted category in subparagraph g of this paragraph shall be the |
|---|
| 556 | | - | lesser of (1) the sum of the number of students who score d in the |
|---|
| 557 | | - | top three percent (3%) on any national st andardized test of |
|---|
| 558 | | - | intellectual ability plus the number of students identified as |
|---|
| 559 | | - | gifted pursuant to subparagraphs a through d of paragraph 1 of |
|---|
| 558 | + | components which the district has incor porated at its |
|---|
| 559 | + | own expense prior to the 2015 -2016 school year into |
|---|
| 560 | + | its evaluation system of teachers and admi nistrators, |
|---|
| 561 | + | as defined by the district 's written policy, |
|---|
| 562 | + | b. for evaluations of teache rs and administrators |
|---|
| 563 | + | conducted during the 2017 -2018 school year, and each |
|---|
| 564 | + | school year thereafter, school district s shall |
|---|
| 565 | + | incorporate and put into operation the qualitativ e |
|---|
| 566 | + | component of the TLE as provided for in subsection B |
|---|
| 567 | + | of Section 6-101.16 of this title into the evaluations |
|---|
| 568 | + | used in all school sites within the d istrict. For the |
|---|
| 569 | + | 2017-2018 school year, and each sc hool year |
|---|
| 570 | + | thereafter, teachers and administrators shall r eceive |
|---|
| 571 | + | a district evaluation rating based on the components |
|---|
| 572 | + | of the TLE as set forth i n subsection B of Sectio n 6- |
|---|
| 573 | + | 101.16 of this title. For the 201 7-2018 school year, |
|---|
| 574 | + | school districts shall incorpora te the individualized |
|---|
| 575 | + | programs of professional developmen t as described in |
|---|
| 576 | + | subsection B of this section on a pilot program basis, |
|---|
| 577 | + | and |
|---|
| 578 | + | c. for evaluations of teachers a nd administrators |
|---|
| 579 | + | conducted during the 2018-2019 school year, and each |
|---|
| 580 | + | school year thereafter, school districts shall fully |
|---|
| 581 | + | incorporate and put int o operation the individualized |
|---|
| 586 | | - | Section 1210.301 of this title, or (2) the sum of the number of |
|---|
| 587 | | - | students who scored in the top three percent (3 %) on any national |
|---|
| 588 | | - | standardized test of intellectual ability plus eight percent (8%) of |
|---|
| 589 | | - | the total average daily membership of the school district for the |
|---|
| 590 | | - | first nine (9) weeks of the school year. |
|---|
| 591 | | - | 3. The weighted district calculation shall be determined by |
|---|
| 592 | | - | determining the calculations for each school district for both the |
|---|
| 593 | | - | small school district formula and the district sparsity - isolation |
|---|
| 594 | | - | formula, applying whichever is the greater of the calculations of |
|---|
| 595 | | - | the two formulas and then applying the restrictions pur suant to |
|---|
| 596 | | - | subparagraph c of this paragraph. |
|---|
| 597 | | - | a. Small school district formula : 529 minus the average |
|---|
| 598 | | - | daily membership divided by 529 times .2 time s total |
|---|
| 599 | | - | average daily membership. |
|---|
| 600 | | - | The small school district f ormula calculation shall apply |
|---|
| 601 | | - | only to school districts whose highest average daily |
|---|
| 602 | | - | membership is less than 529 pupils . School districts which |
|---|
| 603 | | - | are consolidated or annexed after July 1, 2003, pur suant to |
|---|
| 604 | | - | the Oklahoma School Voluntary Consolidation and Anne xation |
|---|
| 605 | | - | Act shall have the weighted district size c alculation for |
|---|
| 606 | | - | the three (3) school years following the fiscal year in |
|---|
| 607 | | - | which such consolidation occurred calculated to be the sum |
|---|
| 608 | | - | of the individual consolidated districts computed as if the |
|---|
| 609 | | - | consolidation had not taken place. Thereafter, any such |
|---|
| 609 | + | programs of professional development as described in |
|---|
| 610 | + | subsection B of this sect ion; |
|---|
| 611 | + | 2. Be prescribed in writing at t he time of adoption and at all |
|---|
| 612 | + | times when amendments to the policy are adopted. The original |
|---|
| 613 | + | policy and all amendments to the policy shall be promptly made |
|---|
| 614 | + | available to all persons subject to t he policy; |
|---|
| 615 | + | 3. Provide that all evaluations be made in writing and that |
|---|
| 616 | + | evaluation documents and responses thereto be maintained in a |
|---|
| 617 | + | personnel file for each evaluated per son; |
|---|
| 618 | + | 4. Provide that every probationary teacher receive formative |
|---|
| 619 | + | feedback from the evaluation process at le ast two times per school |
|---|
| 620 | + | year, once during the fall semester and once during the spring |
|---|
| 621 | + | semester; |
|---|
| 622 | + | 5. Provide that every teacher be evaluated once every year, |
|---|
| 623 | + | except for career teachers receiving a district evaluation rating of |
|---|
| 624 | + | "superior" or "highly effective" under the TLE who may be evaluate d |
|---|
| 625 | + | once every three (3) years; and |
|---|
| 626 | + | 6. Provide that, except for superintendents of independent and |
|---|
| 627 | + | elementary school districts and superintendents of area school |
|---|
| 628 | + | districts who shall be evaluated by the school district b oard of |
|---|
| 629 | + | education, all certified perso nnel shall be evaluated by a |
|---|
| 630 | + | principal, assistant pr incipal, designee of the principal, |
|---|
| 631 | + | supervisor, content e xpert, department chair, peer committee or |
|---|
| 636 | | - | district which is consolidated pursuant to the Oklahoma |
|---|
| 637 | | - | School Voluntary Consolidation and Annexation Act shall not |
|---|
| 638 | | - | qualify for the weighted district calc ulation unless the |
|---|
| 639 | | - | district can satisfy the specifications he rein. Subject to |
|---|
| 640 | | - | the provisions of subparagraph c of this paragraph, the |
|---|
| 641 | | - | resulting number shall be counted as additional students |
|---|
| 642 | | - | for the purpose of calculating State Aid. |
|---|
| 643 | | - | b. District sparsity - isolation formula: |
|---|
| 644 | | - | The district sparsity - isolation formula calculation shall |
|---|
| 645 | | - | apply only to school districts: |
|---|
| 646 | | - | (1) whose total area in square miles is greater than |
|---|
| 647 | | - | the average number of square miles for all school |
|---|
| 648 | | - | districts in this state; and |
|---|
| 649 | | - | (2) whose areal density is less than one-fourth (1/4) |
|---|
| 650 | | - | of the state average areal density. Areal |
|---|
| 651 | | - | density shall be determine d by dividing the |
|---|
| 652 | | - | school district's average daily membership by the |
|---|
| 653 | | - | school district's total area in square miles. |
|---|
| 654 | | - | The district sparsity - isolation formula calculation shall |
|---|
| 655 | | - | be calculated as follows: |
|---|
| 656 | | - | The school district student cost factor multiplied by |
|---|
| 657 | | - | the school district area factor . The resulting |
|---|
| 658 | | - | product shall be multiplied by the school district 's |
|---|
| 659 | | - | average daily membership . Subject to the provisions |
|---|
| 659 | + | other trained persons or groups of persons designated by the schoo l |
|---|
| 660 | + | district board of education. |
|---|
| 661 | + | B. 1. Every policy of professional development adopted by a |
|---|
| 662 | + | school district board of education shall provide for t he development |
|---|
| 663 | + | of a focused and individualized program of professional development |
|---|
| 664 | + | for the teacher or adminis trator that is consistent with the |
|---|
| 665 | + | qualitative component of the TLE. The policy of profes sional |
|---|
| 666 | + | development shall: |
|---|
| 667 | + | a. establish an annual professi onal growth goal for the |
|---|
| 668 | + | teacher or administrator that is developed by the |
|---|
| 669 | + | teacher or administrator in collab oration with the |
|---|
| 670 | + | evaluator, |
|---|
| 671 | + | b. be tailored to address a specific area or criteria |
|---|
| 672 | + | identified through the qualitative component of the |
|---|
| 673 | + | TLE, |
|---|
| 674 | + | c. allow the teacher or administrator to actively engage |
|---|
| 675 | + | with learning practices that are evi dence-based, |
|---|
| 676 | + | researched practices that are correlated with |
|---|
| 677 | + | increased student achievement, and |
|---|
| 678 | + | d. be supported by resources that are easily available |
|---|
| 679 | + | and supplied by the sc hool district and the State |
|---|
| 680 | + | Department of Education. |
|---|
| 681 | + | 2. School districts shall monit or compliance with each |
|---|
| 682 | + | individualized program of professional development implemented |
|---|
| 736 | | - | Level ADM. |
|---|
| 737 | | - | The sum of the grade level group's average daily |
|---|
| 738 | | - | membership shall be divided by the school district 's |
|---|
| 739 | | - | average daily membership . The number one (1.0) shall |
|---|
| 740 | | - | be subtracted from the resulting quotient. |
|---|
| 741 | | - | The school district area cost factor shall be calculated as |
|---|
| 742 | | - | follows: |
|---|
| 743 | | - | Subtract the state average district area from the |
|---|
| 744 | | - | district area, then divide the remainder by the state |
|---|
| 745 | | - | average district area; |
|---|
| 746 | | - | however, the district area cost factor shall not exceed one |
|---|
| 747 | | - | (1.0). |
|---|
| 748 | | - | The State Board of Education shall define geog raphical barriers |
|---|
| 749 | | - | whose location in a school district would inhibit the district from |
|---|
| 750 | | - | consolidation or annexation . The Board shall make available an |
|---|
| 751 | | - | application process, review applications, and for districts the |
|---|
| 752 | | - | Board deems necessary allow additional squ are miles to be used for |
|---|
| 753 | | - | the purposes of calculations used for the weig hted district sparsity |
|---|
| 754 | | - | - isolation formula. Provided, that the additional square miles |
|---|
| 755 | | - | allowed for geographical barriers shall not exceed thirty percent |
|---|
| 756 | | - | (30%) of the district's actual size. |
|---|
| 757 | | - | c. State Aid funds which a district is calculated to |
|---|
| 758 | | - | receive as a result of the weighted district |
|---|
| 759 | | - | calculation shall be restricted as follows: |
|---|
| 759 | + | g. participation in local, regional or state initiatives |
|---|
| 760 | + | associated with the development or implementation of |
|---|
| 761 | + | curriculum standards. |
|---|
| 762 | + | C. All individuals designated by the school district board of |
|---|
| 763 | + | education to conduct the personnel evaluat ions shall be required to |
|---|
| 764 | + | participate in training conduct ed by the State Department of |
|---|
| 765 | + | Education or training provided by the school district u sing |
|---|
| 766 | + | guidelines and materials developed by the State Departmen t of |
|---|
| 767 | + | Education prior to conducting evaluations. |
|---|
| 768 | + | D. B. The State Department of Education shall develop and |
|---|
| 769 | + | conduct workshops pursuant to statewide criteria which train |
|---|
| 770 | + | individuals in conducting evaluations. |
|---|
| 771 | + | E. The State Board of Education shall monitor co mpliance with |
|---|
| 772 | + | the provisions of this section by scho ol districts. |
|---|
| 773 | + | F. The State Board of Education shall stud y continued |
|---|
| 774 | + | implementation of the TLE to produce a system that promotes |
|---|
| 775 | + | reflection and professional growth fo r teachers and leaders. |
|---|
| 776 | + | G. Refusal by a school district to comply with the provisions |
|---|
| 777 | + | of this section shall be grounds for withholding State Aid f unds |
|---|
| 778 | + | until compliance occurs. |
|---|
| 779 | + | H. Data collected pursuant to this section shall not b e subject |
|---|
| 780 | + | to the Oklahoma Open Meeting Act or the Oklahoma Ope n Records Act. |
|---|
| 781 | + | SECTION 4. AMENDATORY 70 O.S. 2021, Section 6 -101.11, is |
|---|
| 782 | + | amended to read as follows: |
|---|
| 786 | | - | If, after the weighted district calculation is |
|---|
| 787 | | - | applied, the district 's projected per pupil |
|---|
| 788 | | - | revenue exceeds one hundred fifty perc ent (150%) |
|---|
| 789 | | - | of the projected state average per pupi l revenue, |
|---|
| 790 | | - | then the district's State Aid shall be reduced by |
|---|
| 791 | | - | an amount that will restrict the district 's |
|---|
| 792 | | - | projected per pupil revenue to one hundr ed fifty |
|---|
| 793 | | - | percent (150%) of the projected state average per |
|---|
| 794 | | - | pupil revenue. Provided, in applying the |
|---|
| 795 | | - | restriction provided in this division, the |
|---|
| 796 | | - | district's State Aid shall not be reduced by an |
|---|
| 797 | | - | amount greater than by the amount of State Aid |
|---|
| 798 | | - | which was generated by the weighted district |
|---|
| 799 | | - | calculation. |
|---|
| 800 | | - | The July calculation of the projected per pupil |
|---|
| 801 | | - | revenue shall be deter mined by dividing the district 's |
|---|
| 802 | | - | preceding year's average daily membership (ADM) as |
|---|
| 803 | | - | weighted by the pupil grade level, the pupil category, |
|---|
| 804 | | - | the district and the teacher experience degree index |
|---|
| 805 | | - | calculations for projected State Aid into the |
|---|
| 806 | | - | district's projected total revenues including |
|---|
| 807 | | - | projected funds for the State Aid Formula for the |
|---|
| 808 | | - | preceding year, net assessed valuation for the |
|---|
| 809 | | - | preceding calendar y ear times thirty-nine (39) mills, |
|---|
| 810 | + | Section 6-101.11 Whenever any evaluation is made of a teacher |
|---|
| 811 | + | or administrator, a true copy of the evaluation shall be presented |
|---|
| 812 | + | to the person evaluated, who shall acknowledg e the written |
|---|
| 813 | + | evaluation by signing the original. Within two (2) w eeks after the |
|---|
| 814 | + | evaluation, the pers on evaluated may respond and said response shal l |
|---|
| 815 | + | be made part of the re cord. Except by order of a court of c ompetent |
|---|
| 816 | + | jurisdiction, evaluation documents a nd the responses thereto shall |
|---|
| 817 | + | be available only to the evaluated p erson, the board of education, |
|---|
| 818 | + | the administrative staff making the evaluation, the board and |
|---|
| 819 | + | administrative staff of any school to which such ev aluated person |
|---|
| 820 | + | applies for employment and suc h other persons as are specified by |
|---|
| 821 | + | the teacher in writing and shal l be subject to disclosure at any |
|---|
| 822 | + | hearing involving a teacher or administrator 's dismissal or |
|---|
| 823 | + | nonrenewal from employment. Data collected pursua nt to Section 6- |
|---|
| 824 | + | 101.10 shall be available to authorized representatives of the State |
|---|
| 825 | + | Department of Education and its contracting designees who must be |
|---|
| 826 | + | contractually bound to the Department to ma intain confidentiality o f |
|---|
| 827 | + | all information received from the De partment when such evaluation |
|---|
| 828 | + | data is used by the Department for data collection/analysis purposes |
|---|
| 829 | + | under the Oklahoma Teacher and Leader Effectiven ess Evaluation |
|---|
| 830 | + | System, and such other persons a s are specified by the t eacher in |
|---|
| 831 | + | writing and shall be subject to disclosure at any hearing involving |
|---|
| 832 | + | a teacher or administrator's dismissal or nonrenewal from |
|---|
| 833 | + | employment. |
|---|
| 836 | | - | county revenues excluding t he county four-mills |
|---|
| 837 | | - | revenues for the second preceding year, other state |
|---|
| 838 | | - | appropriations for the preceding year and the |
|---|
| 839 | | - | collections for the preceding year of state |
|---|
| 840 | | - | apportionment, motor vehicle rev enue, gross production |
|---|
| 841 | | - | tax and R.E.A. tax. |
|---|
| 842 | | - | The December calculation of the projected per pupil |
|---|
| 843 | | - | revenue shall be determined by dividing the higher of |
|---|
| 844 | | - | the district's first nine (9) weeks of the current |
|---|
| 845 | | - | school year or the preceding school year 's average |
|---|
| 846 | | - | daily membership (ADM) as weighted by the pupil grade |
|---|
| 847 | | - | level, the pupil category, the district and the |
|---|
| 848 | | - | teacher experience degree index calculations for |
|---|
| 849 | | - | projected State Aid into the district 's projected |
|---|
| 850 | | - | total revenues including funds for the December |
|---|
| 851 | | - | calculation of the current year State Aid Formula, net |
|---|
| 852 | | - | assessed valuation for the current calendar year times |
|---|
| 853 | | - | thirty-nine (39) mills, county revenues excluding the |
|---|
| 854 | | - | county four-mills revenue for the preceding year, |
|---|
| 855 | | - | other state appropriations for the preceding year and |
|---|
| 856 | | - | the collections for the preceding year of state |
|---|
| 857 | | - | apportionment, motor vehicle revenue, gross production |
|---|
| 858 | | - | tax and R.E.A. tax. |
|---|
| 861 | + | SECTION 5. AMENDATORY 70 O.S. 2021, Section 6 -101.16, is |
|---|
| 862 | + | amended to read as follow s: |
|---|
| 863 | + | Section 6-101.16 A. By December 15, 2011, the State Board of |
|---|
| 864 | + | Education shall adopt a new statewide system of evaluation to be |
|---|
| 865 | + | known as the Oklahoma Teacher and Leader Effectiveness Evaluation |
|---|
| 866 | + | System (TLE). The Board shall work cooperatively with scho ol |
|---|
| 867 | + | districts to incorporate the compon ents of the TLE in all school |
|---|
| 868 | + | districts by the 2017 -2018 school year as provided for in Section 6 - |
|---|
| 869 | + | 101.10 of this title. |
|---|
| 870 | + | B. The TLE shall include the following co mponents: |
|---|
| 871 | + | 1. Annual evaluations that provide feedback t o improve student |
|---|
| 872 | + | learning and outcome s, except as provided for in subsection C of |
|---|
| 873 | + | this section; |
|---|
| 874 | + | 2. A five-tier district evaluation rating system as follows: |
|---|
| 875 | + | a. superior, |
|---|
| 876 | + | b. highly effective, |
|---|
| 877 | + | c. effective, |
|---|
| 878 | + | d. needs improvement, and |
|---|
| 879 | + | e. ineffective; |
|---|
| 880 | + | 3. An evidence-based qualitative assessment tool for the |
|---|
| 881 | + | teacher qualitative portion of the TLE that will include observable |
|---|
| 882 | + | and measurable characteristics of personnel and classroom practices |
|---|
| 883 | + | that are correlated to student performance su ccess, including, but |
|---|
| 884 | + | not limited to: |
|---|
| 885 | | - | The district's projected total revenues for each |
|---|
| 886 | | - | calculation shall exclude the following collections |
|---|
| 887 | | - | for the second preceding year: federal revenue, |
|---|
| 888 | | - | insurance loss payments, reimbursements, reco very of |
|---|
| 889 | | - | overpayments and refunds, unused reserves, prior |
|---|
| 890 | | - | expenditures recovered, prior year surpluses, and |
|---|
| 891 | | - | other local miscellaneous revenues. |
|---|
| 892 | | - | 4. The weighted teacher experience and degree calcu lation shall |
|---|
| 893 | | - | be determined in accordance with the teacher exp erience and degree |
|---|
| 894 | | - | index. The State Department of Education shall determine an index |
|---|
| 895 | | - | for each state teacher by using data supplied in the school |
|---|
| 896 | | - | district's teacher personnel reports of the prece ding year and |
|---|
| 897 | | - | utilizing the index as follows: |
|---|
| 898 | | - | TEACHER EXPERIENCE - DEGREE INDEX |
|---|
| 899 | | - | EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
|---|
| 900 | | - | DEGREE DEGREE DEGREE |
|---|
| 901 | | - | 0 - 2 .7 .9 1.1 |
|---|
| 902 | | - | 3 - 5 .8 1.0 1.2 |
|---|
| 903 | | - | 6 - 8 .9 1.1 1.3 |
|---|
| 904 | | - | 9 - 11 1.0 1.2 1.4 |
|---|
| 905 | | - | 12 - 15 1.1 1.3 1.5 |
|---|
| 906 | | - | Over 15 1.2 1.4 1.6 |
|---|
| 907 | | - | The school district teacher index for each school district shall |
|---|
| 908 | | - | be determined by subtracting the weighted average st ate teacher from |
|---|
| 912 | + | a. organizational and cl assroom management skills, |
|---|
| 913 | + | b. ability to provide eff ective instruction, |
|---|
| 914 | + | c. focus on continuous improvement and professional |
|---|
| 915 | + | growth, |
|---|
| 916 | + | d. interpersonal skills, and |
|---|
| 917 | + | e. leadership skills; |
|---|
| 918 | + | 4. An evidence-based qualitative assessment tool for the leader |
|---|
| 919 | + | qualitative portion of the TLE that will include observable and |
|---|
| 920 | + | measurable characteristics of personnel and site manage ment |
|---|
| 921 | + | practices that are correlated to student perfo rmance success, |
|---|
| 922 | + | including, but not limited to: |
|---|
| 923 | + | a. organizational and school management, includ ing |
|---|
| 924 | + | retention and development of effective teachers and |
|---|
| 925 | + | dismissal of ineffective teachers, |
|---|
| 926 | + | b. instructional leadership, |
|---|
| 927 | + | c. professional growth and responsibility, |
|---|
| 928 | + | d. interpersonal skills, |
|---|
| 929 | + | e. leadership skills, and |
|---|
| 930 | + | f. stakeholder perceptions; |
|---|
| 931 | + | 5. An individualized program of professional development for |
|---|
| 932 | + | all teachers and administrators as adopted by the school distri ct |
|---|
| 933 | + | board of education as set forth in subsection B of Section 6-101.10 |
|---|
| 934 | + | of this title; |
|---|
| 935 | | - | the weighted average district teacher . Multiply the school district |
|---|
| 936 | | - | teacher index if greater than zero by .7 and then multiply that |
|---|
| 937 | | - | product by the sum of the district's weighted pupil grad e level |
|---|
| 938 | | - | calculation provided in paragraph 1 of thi s subsection and the |
|---|
| 939 | | - | weighted pupil category calculation provided in subparagraph m of |
|---|
| 940 | | - | paragraph 2 of this subsection to determine the weighted t eacher |
|---|
| 941 | | - | experience and degree calculation. |
|---|
| 942 | | - | SECTION 3. This act shall become effective July 1, 2023. |
|---|
| 943 | | - | SECTION 4. It being immediately necessary for the preservation |
|---|
| 962 | + | 6. For districts choosing to use, at their own expense, |
|---|
| 963 | + | quantitative measures of teachers and leaders as part of the |
|---|
| 964 | + | district evaluation rating, such measures shall incl ude a minimum of |
|---|
| 965 | + | one reliable, research -based measure as approved by the State Boar d |
|---|
| 966 | + | of Education pursuant to subsection D E of this section; and |
|---|
| 967 | + | 7. 6. For all district evaluations, student perfor mance, |
|---|
| 968 | + | including performance on the statewide criterion -referenced tests if |
|---|
| 969 | + | available, shall be discussed with the teacher and may be one of the |
|---|
| 970 | + | considerations for th e teacher's district evaluation rating . |
|---|
| 971 | + | C. Career School districts may submit a request to the S tate |
|---|
| 972 | + | Board of Education to use an alternate evaluatio n system other than |
|---|
| 973 | + | the system selected by the Board pursuant to subsection A of this |
|---|
| 974 | + | section if the school district establishes the capacity to implement |
|---|
| 975 | + | a research-based performance review evaluation s ystem which meets |
|---|
| 976 | + | the criteria of the TLE system. |
|---|
| 977 | + | D. All school district certified personnel shall be evaluated |
|---|
| 978 | + | annually, except career teachers receiving a district evaluation |
|---|
| 979 | + | rating of "superior" or "highly effective" under the TLE, who may be |
|---|
| 980 | + | evaluated once every three (3) years as designated by loca l board of |
|---|
| 981 | + | education policy. |
|---|
| 982 | + | D. E. By December 1, 2015, the Teacher and Leader Effectiveness |
|---|
| 983 | + | Commission shall recommend to the State Board of Education multiple |
|---|
| 984 | + | reliable, research-based measures to provide a quantitative |
|---|
| 985 | + | evaluation component for teachers . The State Board of Education |
|---|
| 986 | + | |
|---|
| 987 | + | HB2676 HFLR Page 20 |
|---|
| 988 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
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|---|
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|---|
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|---|
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|---|
| 1012 | + | |
|---|
| 1013 | + | shall approve and publish a list of approved measures by February 1, |
|---|
| 1014 | + | 2016. |
|---|
| 1015 | + | E. F. A school district with an ave rage daily attendance of |
|---|
| 1016 | + | more than thirty-five thousand (35,000) which has incorpor ated |
|---|
| 1017 | + | quantitative components of t he TLE into its evaluation sys tem of |
|---|
| 1018 | + | teachers and administrators prior to the 2015 -2016 school year may |
|---|
| 1019 | + | continue using its evaluation system , as defined by the school |
|---|
| 1020 | + | district's written policies, notwithstanding the provisi ons of this |
|---|
| 1021 | + | section and regardles s of the State Board of Educat ion's adoption of |
|---|
| 1022 | + | quantitative components pursuant to this section. |
|---|
| 1023 | + | F. G. The State Department of Education s hall provide to the |
|---|
| 1024 | + | Oklahoma State Regents for Higher Education and the Oklahoma |
|---|
| 1025 | + | Commission for Educational Quality an d Accountability timely |
|---|
| 1026 | + | electronic data linked to teachers and leaders derived from the TLE |
|---|
| 1027 | + | for purposes of providing a basis for the deve lopment of |
|---|
| 1028 | + | accountability and quality improvements of the teacher preparation |
|---|
| 1029 | + | system. The data shall be provided in a manner and at such times as |
|---|
| 1030 | + | agreed upon between the Department, the State Regents and the |
|---|
| 1031 | + | Commission. |
|---|
| 1032 | + | G. H. For purposes of this section , "leader" means a principal, |
|---|
| 1033 | + | assistant principal or any other school administrator who is |
|---|
| 1034 | + | responsible for supervising classroom teachers. |
|---|
| 1035 | + | H. I. The State Department of Education may collect school |
|---|
| 1036 | + | district evaluation information only as is required for f ederal |
|---|
| 1037 | + | |
|---|
| 1038 | + | HB2676 HFLR Page 21 |
|---|
| 1039 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1040 | + | 2 |
|---|
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|---|
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|---|
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|---|
| 1063 | + | |
|---|
| 1064 | + | reporting. The Department shall keep all data collected pursuant to |
|---|
| 1065 | + | the TLE and records of annual evaluations received pursuant to this |
|---|
| 1066 | + | section confidential. Records created pursuant to this section |
|---|
| 1067 | + | which identify, in any way, a current or former public employee |
|---|
| 1068 | + | shall not be subject to disclosure under the Oklahoma Open Records |
|---|
| 1069 | + | Act. Nothing in this subsection sh all be construed to prohibit |
|---|
| 1070 | + | disclosure otherwise required by this section; provided, however, |
|---|
| 1071 | + | any provisions requiring disclosure of TLE records shall be |
|---|
| 1072 | + | construed narrowly and all individually identifying information |
|---|
| 1073 | + | shall be removed from such records to the fullest extent possible. |
|---|
| 1074 | + | SECTION 6. AMENDATORY 70 O.S. 2021, Section 6 -101.23, is |
|---|
| 1075 | + | amended to read as follows: |
|---|
| 1076 | + | Section 6-101.23 A. The dismissal, suspension and |
|---|
| 1077 | + | nonreemployment provisions of the Teacher Due Process Act of 19 90 |
|---|
| 1078 | + | shall not apply to: |
|---|
| 1079 | + | 1. Substitute teachers; |
|---|
| 1080 | + | 2. Adult education teachers; and |
|---|
| 1081 | + | 3. Teachers who are emp loyed on temporary contracts. |
|---|
| 1082 | + | B. The dismissal and suspension provisions of the Teacher Due |
|---|
| 1083 | + | Process Act of 1990 shall apply to teachers who are emplo yed on |
|---|
| 1084 | + | temporary contracts f or a complete school year and to teachers who |
|---|
| 1085 | + | are employed in positions fully funded by federal or private |
|---|
| 1086 | + | categorical grants, except that such teachers shall be employed only |
|---|
| 1087 | + | for the duration of the temporary contract or the gr ant. |
|---|
| 1088 | + | |
|---|
| 1089 | + | HB2676 HFLR Page 22 |
|---|
| 1090 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1091 | + | 2 |
|---|
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|---|
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|---|
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|---|
| 1114 | + | |
|---|
| 1115 | + | C. The evaluation provisions in Sections 6-101.10 and 6-101.11 |
|---|
| 1116 | + | of this title and in the Teacher Due Process Act of 1990 shall apply |
|---|
| 1117 | + | to teachers who are employed on temporary contracts for a co mplete |
|---|
| 1118 | + | school year and to teachers who are employed in pos itions fully |
|---|
| 1119 | + | funded by federal or private categorical grants, except that such |
|---|
| 1120 | + | teachers shall be employed only for the duration of the temporary |
|---|
| 1121 | + | contract or the grant. |
|---|
| 1122 | + | D. Teachers other than those specifically excepted in |
|---|
| 1123 | + | subsection A of this section who are employed on contracts sh all be |
|---|
| 1124 | + | afforded all substantive and procedural rights set forth in the |
|---|
| 1125 | + | Teacher Due Process Act of 1990 including the dismissal, suspension, |
|---|
| 1126 | + | and nonreemployment provisions applicable to probationary or career |
|---|
| 1127 | + | teachers as defined in Section 6-101.3 of this title. |
|---|
| 1128 | + | E. D. On and after the effective date of this act July 1, 2000, |
|---|
| 1129 | + | any teacher who has worked a complete school year under a temporary |
|---|
| 1130 | + | contract in a school district shall be grante d a year of service |
|---|
| 1131 | + | credit toward career sta tus in that district. |
|---|
| 1132 | + | F. E. No teacher shall be hired on a temporary contract by a |
|---|
| 1133 | + | school district for mo re than four semesters or on multiple |
|---|
| 1134 | + | temporary contracts by a school district that together are for more |
|---|
| 1135 | + | than four semesters, except for a: |
|---|
| 1136 | + | 1. Teacher hired to replace a teache r who is on an approved |
|---|
| 1137 | + | leave of absence and who is expected to return to empl oyment with |
|---|
| 1138 | + | the school district; or |
|---|
| 1139 | + | |
|---|
| 1140 | + | HB2676 HFLR Page 23 |
|---|
| 1141 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 1142 | + | 2 |
|---|
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|---|
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| 1165 | + | |
|---|
| 1166 | + | 2. Teacher who is a retired member of the Teachers ' Retirement |
|---|
| 1167 | + | System of Oklahoma. |
|---|
| 1168 | + | G. F. No teacher shall be off ered a temporary contract wi th a |
|---|
| 1169 | + | school district without a full written disclosure at the time a |
|---|
| 1170 | + | position is offered by the administration of the school district |
|---|
| 1171 | + | which sets forth the terms and conditions of the t emporary contract. |
|---|
| 1172 | + | In the event the school district fails to provide su ch written |
|---|
| 1173 | + | disclosure, the teacher shall be considered as employed on a |
|---|
| 1174 | + | continuing contract basis. |
|---|
| 1175 | + | H. G. On and after the effective date of this act July 1, 2000, |
|---|
| 1176 | + | no teacher who is employed on a co ntinuing contract basis by a |
|---|
| 1177 | + | school district shall be reem ployed on a temporary contract in that |
|---|
| 1178 | + | school district. |
|---|
| 1179 | + | SECTION 7. AMENDATORY 70 O.S. 2021 , Section 6-101.24, is |
|---|
| 1180 | + | amended to read as follows: |
|---|
| 1181 | + | Section 6-101.24 A. Upon full implementation of the Oklahoma |
|---|
| 1182 | + | Teacher and Leader Effecti veness Evaluation System (TLE) as set |
|---|
| 1183 | + | forth in Section 6-101.10 of this title, when a teacher receives a |
|---|
| 1184 | + | rating as measured pursuant to the TLE as set forth in Section 6- |
|---|
| 1185 | + | 101.16 of this title that may lead to a recommendat ion for the |
|---|
| 1186 | + | dismissal or nonreemplo yment of the teacher or when an administrator |
|---|
| 1187 | + | identifies poor performance or conduct that the administrator |
|---|
| 1188 | + | believes may lead to a recommendation for the di smissal or |
|---|
| 1189 | + | nonreemployment of the teacher, the administrator shal l: |
|---|
| 1190 | + | |
|---|
| 1191 | + | HB2676 HFLR Page 24 |
|---|
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|---|
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|---|
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|---|
| 1216 | + | |
|---|
| 1217 | + | 1. Admonish the teacher, in wri ting, and make a reasonable |
|---|
| 1218 | + | effort to assist the tea cher in correcting the poor performance or |
|---|
| 1219 | + | conduct; and |
|---|
| 1220 | + | 2. Establish a reasonable time for improvement, not to exceed |
|---|
| 1221 | + | two (2) months, taking into consideration the rati ng on the |
|---|
| 1222 | + | evaluation or the nature and gravity of the performance or conduct. |
|---|
| 1223 | + | B. If the teacher does not correct the poor performance or |
|---|
| 1224 | + | conduct cited in the admonition within the time speci fied, the |
|---|
| 1225 | + | administrator shall may make a recommendation to the su perintendent |
|---|
| 1226 | + | of the school district for the dismissal or nonreemployment of the |
|---|
| 1227 | + | teacher. |
|---|
| 1228 | + | C. Whenever a member of the board of education, superintenden t, |
|---|
| 1229 | + | or other administrator identifies poo r performance or conduct that |
|---|
| 1230 | + | may lead to a recommendation for di smissal or nonreemployment of a |
|---|
| 1231 | + | teacher within the district, the administrator who has |
|---|
| 1232 | + | responsibility for evaluation of the teacher shall be informed, and |
|---|
| 1233 | + | that administrator shall comply with the procedures set forth in |
|---|
| 1234 | + | this section. If the administrator fails or refuses to admonish the |
|---|
| 1235 | + | teacher within ten (10) days after being so informed by th e board, |
|---|
| 1236 | + | superintendent, or other administrator, such board, superintendent |
|---|
| 1237 | + | or other administrator s hall admonish the teacher pursuant to the |
|---|
| 1238 | + | provisions of this sect ion. |
|---|
| 1239 | + | D. Repeated negligence in per formance of duty, willful neglect |
|---|
| 1240 | + | of duty, incompetency, instructional ineffectiveness or |
|---|
| 1241 | + | |
|---|
| 1242 | + | HB2676 HFLR Page 25 |
|---|
| 1243 | + | BOLD FACE denotes Committee Amendments. 1 |
|---|
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|---|
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|---|
| 1268 | + | unsatisfactory teaching pe rformance, for a career teacher, or any |
|---|
| 1269 | + | cause related to inadequate teaching performance for a probationa ry |
|---|
| 1270 | + | teacher, shall not be a basis fo r a recommendation to dismiss or not |
|---|
| 1271 | + | reemploy a teacher unless and until the provisions of this section |
|---|
| 1272 | + | have been complied with. |
|---|
| 1273 | + | SECTION 8. AMENDATORY 70 O.S. 2021, Section 6 -101.31, is |
|---|
| 1274 | + | amended to read as follows: |
|---|
| 1275 | + | Section 6-101.31 Upon full implementation of the Oklahoma |
|---|
| 1276 | + | Teacher and Leader Effectiveness Ev aluation System (TLE) as set |
|---|
| 1277 | + | forth in Section 6-101.10 of this title, the primary basis used i n |
|---|
| 1278 | + | determining the retention or reassignment o f affected teachers and |
|---|
| 1279 | + | administrators when a school district implements a reduction -in- |
|---|
| 1280 | + | force plan shall be the ratin gs of the teachers and administrators |
|---|
| 1281 | + | as measured pursuant to the TLE as set forth in Section 6-101.16 of |
|---|
| 1282 | + | this title. |
|---|
| 1283 | + | SECTION 9. This act shall become effective July 1, 2023. |
|---|
| 1284 | + | SECTION 10. It being immediately necessary for t he preservation |
|---|