Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB526 Compare Versions

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Version 2 (New)

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3		-	SB526 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 59th Legislature (2023)
	3	+	ENGR. S. B. NO. 526 Page 1 1
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35	28		ENGROSSED SENATE
36	29		BILL NO. 526 By: Pugh of the Senate
37	30
38	31		and
39	32
40	33		Echols of the House
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45		-	[ teachers - confidentiality of evaluation records -
46		-	compensation for evaluation ratings - incentive pay
47		-	plan – Oklahoma Teacher and Leader Effectiveness
48		-	Evaluation System - professional development policy
49		-	– workshops - evaluation data - dismissal or
50		-	nonreemployment of a principal - reasons to dismiss
51		-	career teachers - dismissal or nonreemployment of
52		-	teachers - evaluation system - repealer - effective
53		-	date –
54		-	emergency ]
	38	+	An Act relating to teachers; amending 51 O.S. 2021,
	39	+	Section 24A.7, as amended by S ection 2, Chapter 307,
	40	+	O.S.L. 2022 (51 O.S. S upp. 2022, Section 24A.7) ,
	41	+	which relates to confidentiality of certain personnel
	42	+	records; modifying lan guage regarding confidentiality
	43	+	of certain evaluation records; amending 70 O.S. 2021,
	44	+	Section 5-141, which relates to school district
	45	+	minimum salary schedules; removing language allowing
	46	+	additional compensation for certain evaluation
	47	+	ratings; updating statutory reference; updating
	48	+	statutory language; amending 70 O.S. 2021, Section 5 -
	49	+	141.2, which relates to model incentive pay plans;
	50	+	removing statutory reference; amending 70 O.S. 2021,
	51	+	Section 5-141.4, which relates to teacher incentive
	52	+	pay awards; removing language allowing an incentive
	53	+	pay plan to be based on certain system; updating
	54	+	statutory language; defining term; amending 70 O.S.
	55	+	2021, Section 6-101.3, which relates to definitions
	56	+	related to teachers; modifying definitions; amending
	57	+	70 O.S. 2021, Section 6-101.10, which relates to
	58	+	school district evaluation policies; allowing rather
	59	+	than requiring certain policy; removing reference to
	60	+	certain professional development; providing optional
	61	+	criteria for certain policy ; removing references to
	62	+	implementation of the Oklahoma Teacher and Leader
	63	+	Effectiveness Evaluation System ; removing
	64	+	requirements for certain professional development
	65	+	policy; removing requirement for certain training;
	66	+	allowing rather than requiring the State Department
	67	+	of Education to conduct certain workshops; removing
	68	+	language directing monitoring of certain compliance;
	69	+	amending 70 O.S. 2021, Section 6-101.11, which
	70	+	relates to copies of evaluations; providing statutory
	71	+	reference; removing language regarding availability
	72	+	of certain evaluation data; amending 70 O.S. 2021,
	73	+	Section 6-101.13, which relates to due process
	74	+	procedures; removing language allowing dismissal or
	75	+
	76	+	ENGR. S. B. NO. 526 Page 2 1
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	101	+	nonreemployment of a principal who receives certain
	102	+	evaluation rating; amending 70 O.S. 2021, Section 6-
	103	+	101.22, which relates to reasons to dismiss c areer
	104	+	teachers; removing language requiring dismissal or
	105	+	nonreemployment of teachers who receive certain
	106	+	evaluation ratings; amending 70 O.S. 2021, Section 6-
	107	+	101.23, which relates to inapplicability of certain
	108	+	due process provisions; removing language requiring
	109	+	application of certain evaluation p rovisions to
	110	+	certain teachers; updating statutory refe rences;
	111	+	amending 70 O.S. 2021, Section 6-101.24, which
	112	+	relates to identification of poor teacher
	113	+	performance; removing language regarding actions to
	114	+	be taken upon implementation of certain evaluation
	115	+	system; allowing rather than requ iring certain
	116	+	recommendation for dismissal or nonreemployment;
	117	+	providing statutory reference; amending 70 O.S. 2021,
	118	+	Section 6-190, as amended by Section 3, Chapter 359,
	119	+	O.S.L. 2022 (70 O.S. Supp. 2022, Section 6 -190),
	120	+	which relates to contracting with teachers; removing
	121	+	qualifications for certain teacher certificates
	122	+	related to evaluation ratings; removing certain
	123	+	exemption; updating stat utory language; updating
	124	+	statutory reference; repealing 70 O.S. 2021, Section
	125	+	6-101.16, which relates to adoption of the Oklahoma
	126	+	Teacher and Leader Effectiveness Evaluation System;
	127	+	repealing 70 O.S. 2021, Section 6-101.31, which
	128	+	relates to basing retention or reassign ment decisions
	129	+	on certain evaluation ratings; providing an effective
	130	+	date; and declaring an emergency.
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59	135		BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
60	136		SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as
61	137		amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022,
62	138		Section 24A.7), is amended to read as follows:
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64		-	SB526 HFLR Page 2
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90	139		Section 24A.7. A. At the sole discretion of the public body, a
91	140		public body may keep personnel records confidential:
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92	167		1. Which relate to internal personnel inv estigations including
93	168		examination and selection material for em ployment, hiring,
94	169		appointment, promotion, d emotion, discipline, or resignation; or
95	170		2. Where disclosure would cons titute a clearly unwarranted
96	171		invasion of personal privacy such as employee eval uations, payroll
97	172		deductions, employment applications submitted by persons not hired
98	173		by the public body, and transcripts from institutions of higher
99	174		education maintained in the personnel files of certified public
100	175		school employees; provided, however, that no thing in this subsection
101	176		shall be construed to exempt from dis closure the degree obtained and
102	177		the curriculum on the transcripts of certified public school
103	178		employees.
104	179		B. All personnel records not specifically falling within the
105	180		exceptions provided in subse ction A or D of this section shall be
106	181		available for public in spection and copying including, but not
107	182		limited to, records of:
108	183		1. An employment application of a person who becomes a public
109	184		official;
110	185		2. The gross receipts of public funds;
111	186		3. The dates of employ ment, title, or position; and
112	187		4. Any final disciplinary action resulting in loss of pay,
113	188		suspension, demotion of position, or termination.
114	189
115		-	SB526 HFLR Page 3
116		-	BOLD FACE denotes Committee Amendments. 1
	190	+	ENGR. S. B. NO. 526 Page 4 1
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141	215		C. Except as may otherwise be m ade confidential by statute, an
142	216		employee of a public body shall have a right of acces s to his own
143	217		personnel file.
144	218		D. The home addresses, home telephone numbers, Social Security
145	219		numbers, private email addresses, and pri vate mobile phone numbers
146	220		of current and former public employees shall not be open to public
147	221		inspection or disclosure; provided, however, that nothing in t his
148	222		subsection shall be construed to exempt from disclosure public
149	223		records created using a private em ail address or private mobile
150	224		phone.
151	225		E. Except as otherwise required by Section 6-101.16 of Title 70
152	226		of the Oklahoma Statutes, public Public bodies shall keep
153	227		confidential all records created pursuant related to the Oklahoma
154	228		Teacher and Leader Effectiveness Evaluation S ystem (TLE) evaluations
155	229		conducted pursuant to Section 6-101.10 of Title 70 of the Oklahoma
156	230		Statutes which identify a current or former public empl oyee and
157	231		contain any evaluation , or observation or other TLE record of such
158	232		the employee.
159	233		SECTION 2. AMENDATORY 70 O.S . 2021, Section 5-141, is
160	234		amended to read as follows:
161	235		Section 5-141. A. Each school dist rict of this state shall
162	236		adopt a minimum salary schedule and shall transmit a c opy of it to
163	237		the State Board of Education within thirty (30) days after adoption.
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165		-	SB526 HFLR Page 4
166		-	BOLD FACE denotes Committee Amendments. 1
	239	+	ENGR. S. B. NO. 526 Page 5 1
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191	264		A school district shall not calculate salaries of teachers solely as
192	265		a proportion of the salar ies of the administrators of the district.
193	266		B. Districts shall be encouraged to provide compensation
194	267		schedules to reflect district policies and circumstances, including
195	268		differential pay for different subject areas and s pecial incentives
196	269		for teachers in districts with specific geographical attributes.
197	270		Districts may also adopt a salar y schedule that provides additional
198	271		compensation for achieving certain ratings under th e Oklahoma
199	272		Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
200	273		forth in Section 6 of this act. Any salary schedule adopted by a
201	274		district pursuant to this se ction shall not set salaries at amounts
202	275		less than those set pursuant to Section 18-114.12 18-114.14 of this
203	276		title.
204	277		C. The State Department of Education shall compile a report o f
205	278		the minimum salary schedules fo r every school district in the state
206	279		and shall submit the report to the Governor, Speaker of the House of
207	280		Representatives, and Presid ent Pro Tempore of the Senate no later
208	281		than December 15 of each year.
209	282		D. Each school district shall file within fifteen (1 5) days of
210	283		signing the contract, the employment contract of the superintendent
211	284		of the school district with the State Department of Ed ucation. The
212	285		Department shall keep all contracts ava ilable for inspection by the
213	286		public. The school district shall not be authorized to pay any
214	287		salary, benefits, or other compensation to a superintendent which
215	288
216		-	SB526 HFLR Page 5
217		-	BOLD FACE denotes Committee Amendments. 1
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242	314		are is not specified in the contract on file and shall not pay
243	315		administrators any amounts for accumu lated sick leave that are not
244	316		calculated on the same formula used for determining payment for
245	317		accumulated sick leave benefits for other full-time employees of
246	318		that school district and shall not pay ad ministrators any amounts
247	319		for accumulated vacation leave benefits that are not calculated on
248	320		the same formula used for determin ing payment for accumulated
249	321		vacation leave benefits for other twelve-month full-time employees
250	322		of that school district.
251	323		E. By October 1 of each year each district board of education
252	324		shall prepare a schedule of salaries and fringe benefits paid
253	325		administrators employed by the district, including a description of
254	326		the fringe benefits. The schedule shall be a public record and
255	327		shall be disclosed as required by the Oklahoma Open Records Act.
256	328		The board shall file a copy of the s chedule with the State
257	329		Department of Education within one week of completion.
258	330		F. For purposes of this section the term “administrator” shall
259	331		include employees who are employed and certified as superintendents,
260	332		assistant superintendents, principals, and as sistant principals and
261	333		who have responsibilities for supervising classroom teac hers.
262	334		SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-141.2, is
263	335		amended to read as follows:
264	336		Section 5-141.2. A. In addition to incentive pay plans
265	337		authorized pursuant to Section 4 of t his act, the The State Board of
266	338
267		-	SB526 HFLR Page 6
268		-	BOLD FACE denotes Committee Amendments. 1
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293	364		Education shall develop not fewer than five different model
294	365		incentive pay plans and shall distribu te information about each plan
295	366		to every school district board of education. No plan develope d by
296	367		the Board or implemented by a school district board of education
297	368		shall permit payment in any one (1) year of incentives to any one
298	369		teacher amounting to more t han fifty percent (50%) of the regular
299	370		salary of the teacher, exclusive of fringe benefits or extra duty
300	371		pay. Any incentive p ay award shall be an annual award and shall no t
301	372		be a part of a continuing contract of a teacher. Any incentive pay
302	373		awards received shall be excluded from the compensation of a teacher
303	374		for purposes of calculating retirement pursuant to the Teachers ’
304	375		Retirement System of Oklahoma and shall not be subje ct to taxes
305	376		levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
306	377		extent an exemption is provided by federal law.
307	378		B. A school district board of education may ado pt an
308	379		academically based, district incentive pay plan for the classroom
309	380		teachers in the district. The district may adopt any incentive pay
310	381		plan consistent with th e requirements of this section, which may
311	382		include any incentive pay plan developed by the Sta te Board of
312	383		Education pursuant to this section. The school district board of
313	384		education shall appoint an advisory committee consisting of
314	385		teachers, parents, busine ss persons or farmers, and other local
315	386		citizens to advise the board in formulating an incenti ve pay plan.
316	387		Prior to the adoption of a plan, the board of education shall pla ce
317	388
318		-	SB526 HFLR Page 7
319		-	BOLD FACE denotes Committee Amendments. 1
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344	414		the plan on the school board agenda for public comment and shall
345	415		submit the plan to the State Board of Education for final approval
346	416		on or before March 1 prior to implementati on of the plan during the
347	417		succeeding school year. The board of education shall comply with
348	418		the provisions of this subsection for any year a plan is to be
349	419		modified.
350	420		C. A school district shall be required to adopt and i mplement
351	421		an academically based , district incentive pay plan for any sc hool
352	422		year following the receipt by the school district board of
353	423		education, of a petition signed by twenty percent (20%) of the
354	424		classroom teachers employed in the district which calls for the
355	425		adoption of an incentive pay pla n for the district.
356	426		D. Student test scores shall not be the sole criterion for
357	427		allocation of incentive pay under any plan developed or approved by
358	428		the Board.
359	429		E. For the purposes of this section only, “classroom teacher”
360	430		shall mean any employee who holds certification and assignment
361	431		outside the classification of administrator.
362	432		F. The State Board of Education shall promulgate rules
363	433		necessary for the effective imple mentation and administration of
364	434		this section.
365	435		G. Each school district board of education sha ll provide for a
366	436		local evaluation committee which shall advise the board on whi ch
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368		-	SB526 HFLR Page 8
369		-	BOLD FACE denotes Committee Amendments. 1
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394	463		teachers are to receive incentive pay awards and the amount of each
395	464		incentive pay award according to the plan.
396	465		H. Nothing herein shall p reclude a school district from
397	466		supplementing any monies appropriated t o the district for the
398	467		purposes of funding the incentive pay plan of the district with
399	468		monies from the general fund for the district.
400	469		SECTION 4. AMENDATORY 70 O.S. 2021, Section 5-141.4, is
401	470		amended to read as follows:
402	471		Section 5-141.4. A. 1. In addition to incentive pay pl ans
403	472		authorized pursuant to Section 5-141.2 of this title, beginning with
404	473		the 2012-13 school year, a school district may implement an
405	474		incentive pay plan that rewards teachers who are increasing student
406	475		and school growth in achievement.
407	476		2. Teacher performan ce shall be measured using the Oklahoma
408	477		Teacher and Leader Effectiveness Evaluation S ystem (TLE) as set
409	478		forth in Section 6-101.16 of this title.
410	479		3. Individual teacher incentive pay awards shall be based upon:
411	480		a. achieving either a “superior” or “highly effective”
412	481		rating under the TLE, and
413	482		b. grade level, subject area, or school level perf ormance
414	483		success.
415	484		B. 1. Beginning with the 2012 -13 school year, a school
416	485		district may implement an incentive pay plan as auth orized pursuant
417	486		to this section.
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419		-	SB526 HFLR Page 9
420		-	BOLD FACE denotes Committee Amendments. 1
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445	513		2. For purposes of this section, “leader” means a principal,
446	514		assistant principal or any other sc hool administrator who is
447	515		responsible for supervising classroom teachers.
448	516		3. School leader effectiveness shall be measured us ing the
449	517		Oklahoma Teacher and Leader Effective ness Evaluation System (TLE) as
450	518		set forth in Section 6-101.16 of this title.
451	519		4. Individual school leader incentive pay awards shall be bas ed
452	520		upon:
453	521		a. achieving either a “superior” or “highly effective”
454	522		rating under the TLE, and
455	523		b. grade level, subject are a, or school level performance
456	524		success.
457	525		C. Incentive pay plans implemented pursuant to subsections A
458	526		and B of this section shall be develo ped through a collaborative
459	527		planning process involving stakeholders, inc luding teachers and
460	528		school leaders.
461	529		D. In addition to individual teacher and leader incentive pay
462	530		plans, as authorized pursuant t o this section, School districts may
463	531		develop and implement incentive pay systems for:
464	532		1. Teaching in critical shortage subjec t areas including, but
465	533		not limited to, foreign language;
466	534		2. Teachers and leaders who work in schools identified as in
467	535		need of improvement as determined by the State Board of Education;
468	536
469		-	SB526 HFLR Page 10
470		-	BOLD FACE denotes Committee Amendments. 1
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485	552		16
486	553		17
487	554		18
488	555		19
489	556		20
490	557		21
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493	560		24
494	561
495	562		3. Teaching in the subject areas of Science science, Technology
496	563		technology, Engineering engineering, and Math mathematics (STEM); or
497	564		4. Teachers and leaders who work in schools or school districts
498	565		designated by the State Board of Education as hard -to-staff. For
499	566		purposes of this section, “leader” means a principal, assista nt
500	567		principal, or any other school administrat or who is responsible for
501	568		supervising classroom teachers.
502	569		E. B. 1. Prior to impleme ntation of any incentive pay plan
503	570		developed pursuant to this section, the school district bo ard of
504	571		education shall place the p lan on the agenda for public comment at a
505	572		meeting of the district board of education.
506	573		2. After approval of the incentive pay plan , the school
507	574		district board of education shall submit th e plan to the State Board
508	575		of Education for final approval. Within six ty (60) days of receipt
509	576		of the plan, the Stat e Board shall review and approve or reject the
510	577		plan. If it is determined that the pl an meets the requirements of
511	578		this section, the State Boa rd shall approve the plan. If the p lan
512	579		does not meet the requirements of this section, the State Board
513	580		shall reject the plan and provide written notification to the school
514	581		district board of education along with the grounds for rejection.
515	582		3. The district board of education shall comply with the
516	583		provisions of this subsection for any year a plan is to be modified.
517	584		F. C. Any incentive pay award shall be an annual award and
518	585		shall not be a part of a conti nuing contract for an employee. Any
519	586
520		-	SB526 HFLR Page 11
521		-	BOLD FACE denotes Committee Amendments. 1
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541	607		21
542	608		22
543	609		23
544	610		24
545	611
546	612		incentive pay award to any teacher or leader shall not exceed more
547	613		than fifty percent (50 %) of the regular salary of the teacher or
548	614		leader, exclusive of fringe benefits or extra duty pay. Any
549	615		incentive pay awards recei ved shall be excluded from compensation
550	616		for purposes of calculating retirement pursuant to t he Teachers’
551	617		Retirement System of Oklahoma and shall not be subject to taxes
552	618		levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
553	619		extent such exemption is provided by federal law.
554	620		SECTION 5. AMENDATORY 70 O.S. 2021 , Section 6-101.3, is
555	621		amended to read as follows:
556	622		Section 6-101.3. As used in Section 6-101 et seq. of this
557	623		title:
558	624		1. “Administrator” means a duly certified perso n who devotes a
559	625		majority of time to service as a superin tendent, elementary
560	626		superintendent, principal, supervisor, vice princi pal, or in any
561	627		other administrative or superv isory capacity in the school district;
562	628		2. “Dismissal” means the discontinuance of th e teaching service
563	629		of an administrator or teacher during the term of a written
564	630		contract, as provided by law;
565	631		3. “Nonreemployment” means the nonrenewal of the contract of an
566	632		administrator or teacher upon expiration of the contract;
567	633		4. “Career teacher” means a teacher who:
568	634		a. is employed by a school district pr ior to the 2017-
569	635		2018 school year and has completed three (3) or more
570	636
571		-	SB526 HFLR Page 12
572		-	BOLD FACE denotes Committee Amendments. 1
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573	638		2
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579	644		8
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591	656		20
592	657		21
593	658		22
594	659		23
595	660		24
596	661
597	662		consecutive complete school years as a teacher in one
598	663		school district under a written continuing or
599	664		temporary teaching contract, or
600	665		b. is employed for the first time by a school district
601	666		under a written continuing or tempor ary teaching
602	667		contract during the 2 017-2018 school year and
603	668		thereafter:
604	669		(1) has completed three (3) consecutive complete
605	670		school years as a teacher in one school dist rict
606	671		under a written continuing or temporary teaching
607	672		contract and has achieved a district e valuation
608	673		rating of “superior” as measured pursuant to the
609	674		TLE as set forth in Section 6-101.16 of this
610	675		title for at least two (2) of the three (3)
611	676		school years,
612	677		(2) has completed four (4) consecutive complete
613	678		school years as a teacher in one school distri ct
614	679		under a written continuing or t emporary teaching
615	680		contract, has averaged a di strict evaluation
616	681		rating of at least “effective” as measured
617	682		pursuant to the TLE for the four-year period, and
618	683		has received district evaluati on ratings of at
619	684		least “effective” for the last two (2) years of
620	685		the four-year period, or
621	686
622		-	SB526 HFLR Page 13
623		-	BOLD FACE denotes Committee Amendments. 1
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624	688		2
625	689		3
626	690		4
627	691		5
628	692		6
629	693		7
630	694		8
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644	708		22
645	709		23
646	710		24
647	711
648	712		(3) has completed four (4 ) or more consecutive
649	713		complete school years in one school district
650	714		under a written continuing or temporary teaching
651	715		contract and has not met the requirements of
652	716		subparagraph a or b of this paragraph, only if
653	717		the principal of the school at which the teacher
654	718		is employed submits a petition to the
655	719		superintendent of the school district requesti ng
656	720		that the teacher be granted career status, the
657	721		superintendent agrees with the petition, a nd the
658	722		school district board of ed ucation approves the
659	723		petition. The principal shall specify in the
660	724		petition the underlying facts supporting the
661	725		granting of career status to the teacher;
662	726		5. “Teacher hearing” means the hearing before a school district
663	727		board of education after a recommenda tion for dismissal or
664	728		nonreemployment of a te acher has been made but before any final
665	729		action is taken on the recommendation, held for the purpose of
666	730		affording the teacher all rights guar anteed by the United States
667	731		Constitution and the Constitution of Oklah oma under circumstances
668	732		and for enabling the board to determine whether to approve or
669	733		disapprove the recommendation;
670	734		6. “Probationary teacher” means a teacher who:
671	735
672		-	SB526 HFLR Page 14
673		-	BOLD FACE denotes Committee Amendments. 1
	736	+	ENGR. S. B. NO. 526 Page 15 1
674	737		2
675	738		3
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677	740		5
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681	744		9
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693	756		21
694	757		22
695	758		23
696	759		24
697	760
698	761		a. is employed by a school district prior to the 2017 -
699	762		2018 school year and has completed fewer than three
700	763		(3) consecutive complete schoo l years as a teacher in
701	764		one school district under a written teaching contract,
702	765		or
703	766		b. is employed for the first time by a school district
704	767		under a written teaching contract during the 2017-2018
705	768		school year and thereafter and has not met the
706	769		requirements for career teacher as provided in
707	770		paragraph 4 of this section;
708	771		7. “Suspension” or “suspended” means the temporary
709	772		discontinuance of the services of an administrator or teacher, as
710	773		provided by law; and
711	774		8. “Teacher” means a person defined as a teacher has the same
712	775		meaning as provided for in Section 1-116 of this title; and
713	776		9. “District evaluation rating” means the rating issued based
714	777		on the components of the TLE as set forth in subs ection B of Section
715	778		6-101.16 of this title.
716	779		SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.10, is
717	780		amended to read as follows:
718	781		Section 6-101.10. A. Each school district board of education
719	782		shall may maintain and annually review , following consultation with
720	783		or involvement of representatives selected by local teachers, a
721	784		written policy of evaluation and corresponding professional
722	785
723		-	SB526 HFLR Page 15
724		-	BOLD FACE denotes Committee Amendments. 1
	786	+	ENGR. S. B. NO. 526 Page 16 1
725	787		2
726	788		3
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746	808		23
747	809		24
748	810
749	811		development for all teachers and administrators. In those school
750	812		districts in which there exists a pr ofessional negotiations
751	813		agreement made in accordance with Section 509.1 et seq. of this
752	814		title, the procedure for evaluating members of the negotiations unit
753	815		and any standards of performance and conduct proposed for adopt ion
754	816		beyond those established by the State Board of Education shall be
755	817		negotiable items. Nothing in this section shall be construed to
756	818		annul, modify, or to preclude the renewal or continuing of any
757	819		existing agreement heretofore entered into between any sch ool
758	820		district and any organizational representative of its employees.
759	821		Every A school district policy of evaluation adopted by a board of
760	822		education shall may:
761	823		1. Be based upon a set of minimum criteri a developed by the
762	824		State Board of Education, which shall be revised and based upon the
763	825		Oklahoma Teacher and Leader Effectivene ss Evaluation System (TLE)
764	826		developed by the State Board of Education as provided in Section 6-
765	827		101.16 of this title. The revisions to each policy of evaluation
766	828		shall be phased in accordi ng to the following schedule:
767	829		a. for the 2014-2015, 2015-2016 and 2016-2017 school
768	830		years, the evaluation rating of teachers and
769	831		administrators shall be based on the qualitative
770	832		component of the TLE. For the 2016-2017 school year,
771	833		the State Department of E ducation shall work with
772	834		school districts to develop individualized pr ograms of
773	835
774		-	SB526 HFLR Page 16
775		-	BOLD FACE denotes Committee Amendments. 1
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776	837		2
777	838		3
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795	856		21
796	857		22
797	858		23
798	859		24
799	860
800	861		professional development as describ ed in subsection B
801	862		of this section. However, nothing in this
802	863		subparagraph shall prec lude a school district with an
803	864		average daily attendance of more than thirty-five
804	865		thousand (35,000) from continuing to use quan titative
805	866		components which the district has in corporated at its
806	867		own expense prior to the 2015-2016 school year into
807	868		its evaluation system of teachers and administrators,
808	869		as defined by the district’s written policy,
809	870		b. for evaluations of teachers and adminis trators
810	871		conducted during the 2017-2018 school year, and each
811	872		school year thereafter, school districts shall
812	873		incorporate and put in to operation the qualitative
813	874		component of the TLE as pro vided for in subsection B
814	875		of Section 6-101.16 of this title into the e valuations
815	876		used in all school sites within th e district. For the
816	877		2017-2018 school year, and each school year
817	878		thereafter, teachers and administrators shall receive
818	879		a district evaluation rating based on the components
819	880		of the TLE as set forth in subsection B of Section 6-
820	881		101.16 of this title. For the 2017-2018 school year,
821	882		school districts shall incorporate the individualized
822	883		programs of professional development as described in
823	884
824		-	SB526 HFLR Page 17
825		-	BOLD FACE denotes Committee Amendments. 1
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826	886		2
827	887		3
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849	909
850	910		subsection B of this section on a pilot program basis,
851	911		and
852	912		c. for evaluations of teachers and administrators
853	913		conducted during the 2018-2019 school year, and each
854	914		school year thereafter, school districts shall fu lly
855	915		incorporate and put into operation the individualize d
856	916		programs of professional developme nt as described in
857	917		subsection B of this section school district board of
858	918		education;
859	919		2. Be prescribed in writing at the time of adoption and at all
860	920		times when amendments to the policy are adopted. The original
861	921		policy and all amendments to the policy shall be promptly made
862	922		available to all persons subject to the policy;
863	923		3. Provide that all evaluations be made in writing and that
864	924		evaluation documents and responses th ereto be maintained in a
865	925		personnel file for each evaluat ed person;
866	926		4. Provide that every pr obationary teacher receive formati ve
867	927		feedback from the evaluation process at le ast two times per school
868	928		year, once during the fall semester and once during the spri ng
869	929		semester;
870	930		5. Provide for the development of a focuse d and individualized
871	931		program of professional development for the teach er or
872	932		administrator;
873	933
874		-	SB526 HFLR Page 18
875		-	BOLD FACE denotes Committee Amendments. 1
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876	935		2
877	936		3
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879	938		5
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898	957		24
899	958
900	959		6. Provide that every teacher be evaluated once every year,
901	960		except for career teachers receiving a district evaluation rating of
902	961		“superior” or “highly effective” under the TLE who may be evaluated
903	962		once every three (3) years for the frequency of evaluation of
904	963		teachers and administrators; and
905	964		6. 7. Provide that, except for the evaluation of
906	965		superintendents of ind ependent and elementary school districts and
907	966		superintendents of area school districts who shall be evaluated by
908	967		the school district board of education, all and the evaluation of
909	968		certified personnel shall be evaluated by a principal, assistant
910	969		principal, designee of the principal, supervisor, content expert,
911	970		department chair, peer committee , or other trained persons or groups
912	971		of persons designated by the school district boar d of education.
913	972		B. 1. Every policy of professional development adopted by a
914	973		school district board of education shall provide for the develo pment
915	974		of a focused and individualize d program of professional developm ent
916	975		for the teacher or administrator that is consistent with the
917	976		qualitative component of the TLE. The policy of professional
918	977		development shall:
919	978		a. establish an annual professional grow th goal for the
920	979		teacher or administr ator that is developed by the
921	980		teacher or administrator in collaboration with th e
922	981		evaluator,
923	982
924		-	SB526 HFLR Page 19
925		-	BOLD FACE denotes Committee Amendments. 1
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926	984		2
927	985		3
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930	988		6
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932	990		8
933	991		9
934	992		10
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940	998		16
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948	1006		24
949	1007
950	1008		b. be tailored to address a specific area or criteria
951	1009		identified through the qualitative component of the
952	1010		TLE,
953	1011		c. allow the teacher or administrator to actively eng age
954	1012		with learning practices that a re evidence-based,
955	1013		researched practices that are correlated with
956	1014		increased student achievement, and
957	1015		d. be supported by resources t hat are easily available
958	1016		and supplied by the school dist rict and the State
959	1017		Department of Education.
960	1018		2. School districts shall monitor compliance with each
961	1019		individualized program of professional development implemented
962	1020		pursuant to this subsection. All pro fessional development completed
963	1021		pursuant to an individua lized program of professional develo pment
964	1022		shall count toward the total number of points a teacher or
965	1023		administrator is required to complete as established by a school
966	1024		district board of education pursua nt to Section 6-194 of this title.
967	1025		The implementation o f the individualized program of prof essional
968	1026		development required by t his subsection shall not be construed as
969	1027		increasing the professional development points requirements.
970	1028		3. Individualized programs of professional development required
971	1029		by this subsection may include but are not limited to t he following
972	1030		learning practices:
973	1031		a. presenter-led workshops,
974	1032
975		-	SB526 HFLR Page 20
976		-	BOLD FACE denotes Committee Amendments. 1
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977	1034		2
978	1035		3
979	1036		4
980	1037		5
981	1038		6
982	1039		7
983	1040		8
984	1041		9
985	1042		10
986	1043		11
987	1044		12
988	1045		13
989	1046		14
990	1047		15
991	1048		16
992	1049		17
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1000	1057
1001	1058		b. individual or faculty studies of books, scholarly
1002	1059		articles and video productions,
1003	1060		c. peer observations,
1004	1061		d. committee studies to address student achievement
1005	1062		issues,
1006	1063		e. work related to a specifi c subject area or areas
1007	1064		associated with obtaining an advanced degree or
1008	1065		professional certification,
1009	1066		f. action research projects designed to improve student
1010	1067		achievement, and
1011	1068		g. participation in local, regional or state in itiatives
1012	1069		associated with the develo pment or implementation of
1013	1070		curriculum standards.
1014	1071		C. All individuals designated by the school district board of
1015	1072		education to conduct the personnel evaluations shall be required to
1016	1073		participate in training conducted by the State Department of
1017	1074		Education or training provided by the school dist rict using
1018	1075		guidelines and materials developed by the State Department of
1019	1076		Education prior to conducting evaluations.
1020	1077		D. The State Department of Education shall may develop and
1021	1078		conduct workshops pursuant to statewide criter ia which train
1022	1079		individuals in conducting evaluations.
1023	1080		E. The State Board of Ed ucation shall monitor compliance with
1024	1081		the provisions of this section by school distri cts.
1025	1082
1026		-	SB526 HFLR Page 21
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1051	1107
1052	1108		F. The State Board of Education shall study contin ued
1053	1109		implementation of the TLE to pro duce a system that promotes
1054	1110		reflection and professional growth for teachers and leaders.
1055	1111		G. Refusal by a school district to comply with the provisions
1056	1112		of this section shall be grounds for withholding State Aid funds
1057	1113		until compliance occurs.
1058	1114		H. C. Data collected pursuant to this section pursuant to a
1059	1115		school district’s evaluation policy shall not be subject to the
1060	1116		Oklahoma Open Meeting Act or the Oklahoma Open Record s Act.
1061	1117		SECTION 7. AMENDATORY 7 0 O.S. 2021, Section 6 -101.11, is
1062	1118		amended to read as follows:
1063	1119		Section 6-101.11. Whenever any evaluation is made of a teacher
1064	1120		or administrator pursuant to the provisions of Section 6-101.10 of
1065	1121		this title, a true copy of the evaluation shall be presented to the
1066	1122		person evaluated, who shall ack nowledge the written evaluation by
1067	1123		signing the original. Within two (2) weeks after the evaluation,
1068	1124		the person evaluated may respond, and said the response shall be
1069	1125		made part of the record. Except by order of a court of com petent
1070	1126		jurisdiction, evaluation docu ments and the responses thereto sh all
1071	1127		be available only to the evaluated person , the board of education,
1072	1128		the administrative staff making the evaluation, the bo ard and
1073	1129		administrative staff of any school to which such the evaluated
1074	1130		person applies for employment , and such other persons as are
1075	1131		specified by the teacher in writing and shall be subject to
1076	1132
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1095	1150		18
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1097	1152		20
1098	1153		21
1099	1154		22
1100	1155		23
1101	1156		24
1102	1157
1103	1158		disclosure at any hearing involving a teacher or administrator ’s
1104	1159		dismissal or nonrenewal from employment. Data collected pursuan t to
1105	1160		Section 6-101.10 shall be avail able to authorized representatives of
1106	1161		the State Department of Education and its contracting designees who
1107	1162		must be contractually bound to the Department to maintain
1108	1163		confidentiality of all information received from the Dep artment when
1109	1164		such evaluation data is used by the Department for data
1110	1165		collection/analysis purposes under the Oklahom a Teacher and Leader
1111	1166		Effectiveness Evaluation System, and such other persons as are
1112	1167		specified by the teacher in writing and shall be subject to
1113	1168		disclosure at any hearing involvi ng a teacher or administrator ’s
1114	1169		dismissal or nonrenewal from employment.
1115	1170		SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.13, is
1116	1171		amended to read as follows:
1117	1172		Section 6-101.13. A. Whenever the school district board of
1118	1173		education or the administration of a school d istrict shall determine
1119	1174		that the dismissal or nonreemployment of a full-time certified
1120	1175		administrator from the administrat ive position within the school
1121	1176		district should be effected, the a dministrator shall be entitled to
1122	1177		the following due process procedures :
1123	1178		1. A statement shall be submitted to the a dministrator in
1124	1179		writing prior to the dismissal or nonreemployment which stat es the
1125	1180		proposed action, lists the reasons for effecting the actio n, and
1126	1181
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1140	1194		13
1141	1195		14
1142	1196		15
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1144	1198		17
1145	1199		18
1146	1200		19
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1148	1202		21
1149	1203		22
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1151	1205		24
1152	1206
1153	1207		notifies the administrator of his or her right to a hearing bef ore
1154	1208		the school district board of education pr ior to the action; and
1155	1209		2. A hearing before the school district board of edu cation
1156	1210		shall be granted upon the request of the administrator pri or to the
1157	1211		dismissal or nonreemployme nt. A request for a hearing shall be
1158	1212		submitted to the board of education not l ater than ten (10) days
1159	1213		after the administrator has been notified of the pro posed action.
1160	1214		B. Failure of the administrator to request a heari ng before the
1161	1215		school district board of education within ten (10) days after
1162	1216		receiving the written statement shall c onstitute a waiver of the
1163	1217		right to a hearing. No decision of the board of e ducation
1164	1218		concerning the dismissal or nonreemployment of a full -time certified
1165	1219		administrator shall be effective until the administrator has been
1166	1220		afforded due process as specified in this section. The decision of
1167	1221		the school district board of education conce rning the dismissal or
1168	1222		nonreemployment, following the hearing, sh all be final.
1169	1223		C. Beginning with the 2017-2018 school year and thereaf ter, a
1170	1224		principal who has received district ev aluation ratings of
1171	1225		“ineffective” as measured pursuant to the TLE as set for th in
1172	1226		Section 6-101.16 of this title for two (2) consecutive scho ol years
1173	1227		may be dismissed or not ree mployed by the school district, su bject
1174	1228		to the due process procedures of this s ection.
1175	1229		SECTION 9. AMENDATORY 70 O.S. 2021, Sectio n 6-101.22, is
1176	1230		amended to read as follows:
1177	1231
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1181	1234		3
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1189	1242		11
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1199	1252		21
1200	1253		22
1201	1254		23
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1203	1256
1204	1257		Section 6-101.22. A. Subject to the provisions of the Te acher
1205	1258		Due Process Act of 1990, a c areer teacher may be dismissed or not
1206	1259		reemployed for:
1207	1260		1. Willful neglect of duty;
1208	1261		2. Repeated negligence in performance of duty;
1209	1262		3. Mental or physical abuse to a child;
1210	1263		4. Incompetency;
1211	1264		5. Instructional ineffectivenes s;
1212	1265		6. Unsatisfactory teaching per formance;
1213	1266		7. Commission of an act of moral t urpitude; or
1214	1267		8. Abandonment of contract.
1215	1268		B. Subject to the provisions of t he Teacher Due Process Act of
1216	1269		1990, a probationary teacher may be dismissed or not reemployed for
1217	1270		cause.
1218	1271		C. During the 2017-2018 school year and thereafter:
1219	1272		1. A career teacher w ho has received a district evaluation
1220	1273		rating of “ineffective” for two (2) consecutive school years shall
1221	1274		be dismissed or not reemployed on th e grounds of instructional
1222	1275		ineffectiveness by the school district, sub ject to the provisions of
1223	1276		the Teacher Due Process Act of 1990. However, the superintendent
1224	1277		may recommend and the school district board of education may approve
1225	1278		continued employment of t he teacher; and
1226	1279		2. A career teacher who has received a district evalu ation
1227	1280		rating of “needs improvement” or lower for three (3) consecutive
1228	1281
1229		-	SB526 HFLR Page 25
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1241	1293		12
1242	1294		13
1243	1295		14
1244	1296		15
1245	1297		16
1246	1298		17
1247	1299		18
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1253	1305		24
1254	1306
1255	1307		school years may be dismissed or not reemployed on the grounds of
1256	1308		instructional ineffectiveness by the school distr ict, subject to the
1257	1309		provisions of the Teacher Due Process Act of 1990.
1258	1310		D. During the 2017-2018 school year and the reafter:
1259	1311		1. A probationary teacher who has received a district
1260	1312		evaluation rating of “ineffective” as measured pursuant to the TLE
1261	1313		for two (2) consecutive school years may be di smissed or not
1262	1314		reemployed by the school district subject to the provisions of t he
1263	1315		Teacher Due Process Act of 1990; and
1264	1316		2. A probationary teacher who has n ot attained career teacher
1265	1317		status within a four -year period may be dismissed or not reemployed
1266	1318		by the school district, subject to the p rovisions of the Teacher Due
1267	1319		Process Act of 1990.
1268	1320		E. A teacher shall be dismissed or not reemployed, unless a
1269	1321		presidential or gubernatorial pardon has been issued, if during the
1270	1322		term of employment the teacher is convicted in this state, the
1271	1323		United States, or another state of:
1272	1324		1. Any sex offense sub ject to the Sex Offenders Registration
1273	1325		Act in this state or subject to anoth er state’s or the federal sex
1274	1326		offender registration provisions; o r
1275	1327		2. Any felony offense.
1276	1328		F. D. A teacher may be dismissed, refused e mployment, or not
1277	1329		reemployed after a finding that such person has engaged in acts that
1278	1330		could form the basis of criminal c harges sufficient to result in the
1279	1331
1280		-	SB526 HFLR Page 26
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1305	1356
1306	1357		denial or revocation of a cert ificate for a reason set forth in
1307	1358		subparagraph a of paragraph 6 of Sec tion 3-104 of this title.
1308	1359		G. E. As used in this section, “abandonment of contract” means
1309	1360		the failure of a teacher to rep ort at the beginning of the contract
1310	1361		term or otherwise perform th e duties of a contract of employment
1311	1362		when the teacher has accepted oth er employment or is performing work
1312	1363		for another employer that prevents the teacher from fulfilling the
1313	1364		obligations of the contract of employment.
1314	1365		H. F. A school district shall notify th e State Board of
1315	1366		Education within ten (10) days of the dismissal or no nreemployment
1316	1367		of a probationary or career tea cher for reasons outlined in
1317	1368		subsection F D of this section.
1318	1369		SECTION 10. AMENDATORY 70 O.S. 2021, Section 6 -101.23,
1319	1370		is amended to read as follows:
1320	1371		Section 6-101.23. A. The dismissal, s uspension, and
1321	1372		nonreemployment provisions of the Teacher Due Process Act of 1990
1322	1373		shall not apply to:
1323	1374		1. Substitute teach ers;
1324	1375		2. Adult education teachers; and
1325	1376		3. Teachers who are emplo yed on temporary contracts.
1326	1377		B. The dismissal and suspension provision s of the Teacher Due
1327	1378		Process Act of 1990 shal l apply to teachers who are employed on
1328	1379		temporary contracts for a complete s chool year and to teachers who
1329	1380		are employed in positions fully fu nded by federal or private
1330	1381
1331		-	SB526 HFLR Page 27
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1348	1398		17
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1355	1405		24
1356	1406
1357	1407		categorical grants, except that such teache rs shall be employed only
1358	1408		for the duration of the temporary contract or the grant.
1359	1409		C. The evaluation provisions in Secti ons 6-101.10 and 6-101.11
1360	1410		of this title and in the Teacher Due Pr ocess Act of 1990 shall apply
1361	1411		to teachers who are employed on temporar y contracts for a complete
1362	1412		school year and to teachers who are employed in positions fully
1363	1413		funded by federal or private c ategorical grants, except that such
1364	1414		teachers shall be employed on ly for the duration of the temporary
1365	1415		contract or the grant.
1366	1416		D. Teachers other than those specifically excepted in
1367	1417		subsection A of this section who are employed on contracts shall be
1368	1418		afforded all substantive and procedural rights set forth in the
1369	1419		Teacher Due Process Act of 1990 including the dismissal, suspension,
1370	1420		and nonreemployment provisions applicable to probationa ry or career
1371	1421		teachers as defined in Section 6-101.3 of this title.
1372	1422		E. D. On and after the effective date of this act July 1, 1999,
1373	1423		any teacher who has wor ked a complete school year under a t emporary
1374	1424		contract in a school dist rict shall be granted a year of service
1375	1425		credit toward career status in that district.
1376	1426		F. E. No teacher shall be hired on a temporary contract by a
1377	1427		school district for more than four sem esters or on multiple
1378	1428		temporary contracts by a school district that to gether are for more
1379	1429		than four semesters, except for a:
1380	1430
1381		-	SB526 HFLR Page 28
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1406	1455
1407	1456		1. Teacher hired to replace a teacher who is on an approved
1408	1457		leave of absence and who is expected to return to employment with
1409	1458		the school district; or
1410	1459		2. Teacher who is a retired member of the Teacher s’ Retirement
1411	1460		System of Oklahoma.
1412	1461		G. F. No teacher shall be offered a temp orary contract with a
1413	1462		school district without a full written disclosure at the time a
1414	1463		position is offered by th e administration of the school distr ict
1415	1464		which sets forth the terms and conditions of the temporary contract.
1416	1465		In the event the school district fa ils to provide such written
1417	1466		disclosure, the teacher shall be considered as employed on a
1418	1467		continuing contract ba sis.
1419	1468		H. G. On and after the effective date of this act July 1, 1999,
1420	1469		no teacher who is employed on a continuing contract basis by a
1421	1470		school district shall be reemployed on a temporary contract in that
1422	1471		school district.
1423	1472		SECTION 11. AMENDATORY 70 O.S. 2021, Section 6-101.24,
1424	1473		is amended to read as follows:
1425	1474		Section 6-101.24. A. Upon full implementation of the Oklahoma
1426	1475		Teacher and Leader Effectivenes s Evaluation System (TLE) as set
1427	1476		forth in Section 6-101.10 of this title, when a teacher receives a
1428	1477		rating as measured pursuant to the TLE as set forth in Section 6 -
1429	1478		101.16 of this title that may lead to a recommendation for the
1430	1479		dismissal or nonreemployment of the teacher or when When an
1431	1480
1432		-	SB526 HFLR Page 29
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1457	1505
1458	1506		administrator who has the responsibility of evaluating a teacher
1459	1507		under an evaluation policy adopted pursuant to Section 6-101.10 of
1460	1508		this title identifies poor performance or conduct that the
1461	1509		administrator believes may lead t o a recommendation for the
1462	1510		dismissal or nonreemployment of the teacher, the administrator
1463	1511		shall:
1464	1512		1. Admonish the teacher, in writing, and make a reasonable
1465	1513		effort to assist the teacher in correcting the poor performance or
1466	1514		conduct; and
1467	1515		2. Establish a reasonable time for improvement, not to exceed
1468	1516		two (2) months, taking into consideration the rating on the
1469	1517		evaluation or the nature and gravi ty of the performance or conduct.
1470	1518		B. If the teacher does not correct the poor performance or
1471	1519		conduct cited in the adm onition within the time specified, the
1472	1520		administrator shall may make a recommendation to the superinten dent
1473	1521		of the school district for the dismissal or nonreemployment of th e
1474	1522		teacher.
1475	1523		C. Whenever a member of the board of education, superintendent,
1476	1524		or other administrator identifies poor performance or conduct that
1477	1525		may lead to a recommendation for dismissal or nonreemployment of a
1478	1526		teacher within the district, the administrator who has
1479	1527		responsibility for evaluation of the teacher under an evaluation
1480	1528		policy adopted pursuant to Section 6-101.10 of this title shall be
1481	1529		informed, and that administrator shall comply with the procedures
1482	1530
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1507	1554		24
1508	1555
1509	1556		set forth in this section. If the administrator fails or refuses to
1510	1557		admonish the teacher within ten (10) days after being so informe d by
1511	1558		the board, superintendent, or other administrator, such board,
1512	1559		superintendent, or other administrator shall admonish the teacher
1513	1560		pursuant to the provisions of this sec tion.
1514	1561		D. Repeated negligence in performance of duty, willful neglect
1515	1562		of duty, incompetency, instructional ineffectiveness, or
1516	1563		unsatisfactory teaching performance , for a career teacher , or any
1517	1564		cause related to inadequate t eaching performance for a probatio nary
1518	1565		teacher, shall not be a basis for a recommendation to dismiss or not
1519	1566		reemploy a teacher unless and until the provisions of this section
1520	1567		have been complied with.
1521	1568		SECTION 12. AMENDATORY 70 O.S. 2021, Section 6 -190, as
1522	1569		amended by Section 3, Chapter 35 9, O.S.L. 2022 (70 O.S. Supp. 2022,
1523	1570		Section 6-190), is amended to read as follows:
1524	1571		Section 6-190. A. The board of education of each sc hool
1525	1572		district shall employ and contract in writing, as required in
1526	1573		Section 6-101 of this title, o nly with persons certif ied to teach by
1527	1574		the State Board of Education in accordance with the Oklahoma Teacher
1528	1575		Preparation Act, except as otherwise provided for b y Section 6-101
1529	1576		of this title and by other law.
1530	1577		B. The Board shall issue a certificate to teach to any person
1531	1578		who:
1532	1579
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1557	1603		24
1558	1604
1559	1605		1. Has successfully completed the teacher education program
1560	1606		required by the Commission for Educational Quality and
1561	1607		Accountability;
1562	1608		2. Has graduated from an accredited institution of higher
1563	1609		education that has approval or accreditatio n for teacher education;
1564	1610		3. Has met all other requirements as may be established by the
1565	1611		Board;
1566	1612		4. Has made the necessary application and paid the competency
1567	1613		examination fee in an amount and as prescribed by the Commission;
1568	1614		5. Has successfully complet ed the competency examination
1569	1615		required in Section 6-187 of this title; and
1570	1616		6. Beginning November 1, 2001, has on file with the Board a
1571	1617		current Oklahoma criminal his tory record from the Oklahoma State
1572	1618		Bureau of Investigation as well as a national criminal history
1573	1619		record check as defin ed in Section 150.9 of Title 74 of the Oklahoma
1574	1620		Statutes. Upon receipt of the Oklahoma criminal history record, the
1575	1621		Board may issue a temporary certificate which shall be effective
1576	1622		until receipt of the national fingerprint -based criminal history
1577	1623		record. The person applying for a certificate shall be responsible
1578	1624		for the cost of the criminal history records.
1579	1625		C. The Board shall issue a cer tificate to teach to any person
1580	1626		who:
1581	1627		1. Holds an out-of-state certificate and meets the requirements
1582	1628		set forth in subsection G of this section;
1583	1629
1584		-	SB526 HFLR Page 32
1585		-	BOLD FACE denotes Committee Amendments. 1
	1630	+	ENGR. S. B. NO. 526 Page 33 1
1586	1631		2
1587	1632		3
1588	1633		4
1589	1634		5
1590	1635		6
1591	1636		7
1592	1637		8
1593	1638		9
1594	1639		10
1595	1640		11
1596	1641		12
1597	1642		13
1598	1643		14
1599	1644		15
1600	1645		16
1601	1646		17
1602	1647		18
1603	1648		19
1604	1649		20
1605	1650		21
1606	1651		22
1607	1652		23
1608	1653		24
1609	1654
1610	1655		2. Holds certification from the National Board for Professional
1611	1656		Teaching Standards;
1612	1657		3. Holds an out-of-country certificate and meets the
1613	1658		requirements set forth in subsection F of this section; or
1614	1659		4. Has successfully completed a competency examination used in
1615	1660		the majority of other states or comparable customized exam and meets
1616	1661		the requirements set forth in subsec tion H of this section.
1617	1662		D. Beginning July 1, 2004, any person applying for initial
1618	1663		Oklahoma certification shall have on file with the Board a current
1619	1664		Oklahoma criminal history record from the Oklahoma State Bureau of
1620	1665		Investigation as well as a national cr iminal history record check as
1621	1666		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
1622	1667		receipt of the Oklah oma criminal history record, the Board may issue
1623	1668		a temporary certificate which shall be effective until receipt of
1624	1669		the national fingerpr int-based criminal history record. The person
1625	1670		applying for a certificate shall be r esponsible for the cost of the
1626	1671		criminal history records.
1627	1672		E. Any person holding a valid certificate, issued prior to
1628	1673		January 1, 1997, shall be a certified teacher for purpo ses of the
1629	1674		Oklahoma Teacher Preparation Act, subject to any professional
1630	1675		development requirements prescribed by the Okla homa Teacher
1631	1676		Preparation Act or by the State Board of Education.
1632	1677		F. 1. The Board shall issue a certificate to teach to a person
1633	1678		who holds a valid out-of-country certificate and meets any
1634	1679
1635		-	SB526 HFLR Page 33
1636		-	BOLD FACE denotes Committee Amendments. 1
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1637	1681		2
1638	1682		3
1639	1683		4
1640	1684		5
1641	1685		6
1642	1686		7
1643	1687		8
1644	1688		9
1645	1689		10
1646	1690		11
1647	1691		12
1648	1692		13
1649	1693		14
1650	1694		15
1651	1695		16
1652	1696		17
1653	1697		18
1654	1698		19
1655	1699		20
1656	1700		21
1657	1701		22
1658	1702		23
1659	1703		24
1660	1704
1661	1705		requirements established by t he Board. The certificate to teach
1662	1706		shall only be for those subject areas and grade levels most closely
1663	1707		aligned to the subject areas and grade levels recognized on the out-
1664	1708		of-country certificate.
1665	1709		2. A person who meets the requirements of paragraph 1 of t his
1666	1710		subsection shall not be required to take any competency examinations
1667	1711		in those subject areas and grade levels most closely aligned to the
1668	1712		subject areas and grade levels rec ognized on the out-of-country
1669	1713		certificate.
1670	1714		3. A person who meets the requiremen ts of paragraph 1 of this
1671	1715		subsection shall have on file with the Board a current Oklahoma
1672	1716		criminal history record check from the Oklahoma State Bureau of
1673	1717		Investigation as well as a national criminal history record check as
1674	1718		defined in Section 150.9 of Title 74 of the Oklahoma Statutes . Upon
1675	1719		receipt of the Oklahoma criminal history record check, the Board may
1676	1720		issue a temporary certificate which shall be effective until receipt
1677	1721		of the national fingerprint-based criminal history record check .
1678	1722		The person applying for a certificate shall be responsib le for the
1679	1723		cost of the criminal history record checks.
1680	1724		4. The Board shall promulgate rules establishing a process by
1681	1725		which out-of-country certificates will be reviewed and evaluated for
1682	1726		purposes of awarding a certi ficate to teach pursuant to this
1683	1727		subsection.
1684	1728
1685		-	SB526 HFLR Page 34
1686		-	BOLD FACE denotes Committee Amendments. 1
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1687	1730		2
1688	1731		3
1689	1732		4
1690	1733		5
1691	1734		6
1692	1735		7
1693	1736		8
1694	1737		9
1695	1738		10
1696	1739		11
1697	1740		12
1698	1741		13
1699	1742		14
1700	1743		15
1701	1744		16
1702	1745		17
1703	1746		18
1704	1747		19
1705	1748		20
1706	1749		21
1707	1750		22
1708	1751		23
1709	1752		24
1710	1753
1711	1754		G. 1. The Board shall issue a certificate to teach to a person
1712	1755		who holds a valid out-of-state certificate. The certificate to
1713	1756		teach shall only be for those subject areas and grade levels most
1714	1757		closely aligned to the subject areas and grade levels rec ognized on
1715	1758		the out-of-state certificate.
1716	1759		2. A person who meets the requirements of paragraph 1 of this
1717	1760		subsection shall not be required to take any competency examinations
1718	1761		in those subject areas and grade levels most closely aligned to the
1719	1762		subject areas and grade levels recognized on the out-of-state
1720	1763		certificate.
1721	1764		3. A person who meets the requirements of this subsection shall
1722	1765		have on file with the Board a current Oklahoma criminal history
1723	1766		record check from the O klahoma State Bureau of Investigation as wel l
1724	1767		as a national criminal history record check as defined in Section
1725	1768		150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the
1726	1769		Oklahoma criminal history record check, the Board may issue a
1727	1770		temporary certificate which shall be effective until receipt of the
1728	1771		national fingerprint-based criminal history record check. The
1729	1772		person applying for a certificate shall be responsible for the cos t
1730	1773		of the criminal history record checks.
1731	1774		H. 1. The Board shall issue a ce rtificate to teach to a person
1732	1775		who has successfully completed a competency exam used in a majority
1733	1776		of the other states. The certificate to teach shall only be for
1734	1777
1735		-	SB526 HFLR Page 35
1736		-	BOLD FACE denotes Committee Amendments. 1
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1737	1779		2
1738	1780		3
1739	1781		4
1740	1782		5
1741	1783		6
1742	1784		7
1743	1785		8
1744	1786		9
1745	1787		10
1746	1788		11
1747	1789		12
1748	1790		13
1749	1791		14
1750	1792		15
1751	1793		16
1752	1794		17
1753	1795		18
1754	1796		19
1755	1797		20
1756	1798		21
1757	1799		22
1758	1800		23
1759	1801		24
1760	1802
1761	1803		those subject areas and grade levels that correspond with a
1762	1804		certification area used in Oklah oma.
1763	1805		2. A person who meets the requirements of paragraph 1 of this
1764	1806		subsection shall have on file with the Board a current Oklahoma
1765	1807		criminal history record check from the Oklahoma S tate Bureau of
1766	1808		Investigation as well as a national criminal history record check as
1767	1809		defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
1768	1810		receipt of the Oklahoma criminal history record check, the Board may
1769	1811		issue a temporary certificate whic h shall be effective until receipt
1770	1812		of the national fingerprint -based criminal history record check .
1771	1813		The person applying for a certificate shall be responsible for the
1772	1814		cost of the criminal history record checks.
1773	1815		I. 1. The Board may establish new levels of teacher
1774	1816		certificates: advanced, lead, and master. Each level shall have a
1775	1817		minimum salary increase requirement paid by the school district and
1776	1818		matched with state dollars from the lottery funds as provided in
1777	1819		Section 713 of Title 3A of the Oklahoma Statutes. The advanced
1778	1820		certificate shall include a minimum salary increase of Three
1779	1821		Thousand Dollars ($3,000.00), the lead certificate shall include a
1780	1822		minimum salary increase of Five Thousand Dollars ($5,000.00), and
1781	1823		the master certificate shall include a minimum salary increase of
1782	1824		Ten Thousand Dollars ($10,000.00) and maximum salary increase of
1783	1825		Forty Thousand Dollars ($40,000.00).
1784	1826
1785		-	SB526 HFLR Page 36
1786		-	BOLD FACE denotes Committee Amendments. 1
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1787	1828		2
1788	1829		3
1789	1830		4
1790	1831		5
1791	1832		6
1792	1833		7
1793	1834		8
1794	1835		9
1795	1836		10
1796	1837		11
1797	1838		12
1798	1839		13
1799	1840		14
1800	1841		15
1801	1842		16
1802	1843		17
1803	1844		18
1804	1845		19
1805	1846		20
1806	1847		21
1807	1848		22
1808	1849		23
1809	1850		24
1810	1851
1811	1852		2. A teacher who works in a school with an enrollment of forty
1812	1853		percent (40%) or more of students who are economically disadvantaged
1813	1854		as defined in Section 18-109.5 of this title or a school district
1814	1855		with an enrollment of fewer than one thousand students shall be paid
1815	1856		a one-time award in addition to the salary increases provided in
1816	1857		paragraph 1 of this subsection:
1817	1858		a. One Thousand Five Hundred Dollars ($1,500.00) for an
1818	1859		advanced certificate,
1819	1860		b. Two Thousand Five Hundred Dollars ($2,500.00) for a
1820	1861		lead certificate, and
1821	1862		c. Five Thousand Dollars ($5,000.00) for a master
1822	1863		certificate.
1823	1864		3. School districts may identify and designate the highest
1824	1865		quality teachers for advanced, lead, and master certificates.
1825	1866		Participating districts shall submit designation plans to the State
1826	1867		Department of Education for evaluation and approval. Districts
1827	1868		shall have local control and flexibility in determining how to
1828	1869		evaluate teachers and assign designations, but, at a minimum, the
1829	1870		designation system shall include a teacher observation, out-of-
1830	1871		classroom time, and a student performance component.:
1831	1872		a. Teacher an evidence-based observation shall be based
1832	1873		on the district’s selected Teacher and Leader
1833	1874		Effectiveness Evaluation System (TLE) evaluation tool
1834	1875		or an alternate method of evaluation; provided, the
1835	1876
1836		-	SB526 HFLR Page 37
1837		-	BOLD FACE denotes Committee Amendments. 1
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1838	1878		2
1839	1879		3
1840	1880		4
1841	1881		5
1842	1882		6
1843	1883		7
1844	1884		8
1845	1885		9
1846	1886		10
1847	1887		11
1848	1888		12
1849	1889		13
1850	1890		14
1851	1891		15
1852	1892		16
1853	1893		17
1854	1894		18
1855	1895		19
1856	1896		20
1857	1897		21
1858	1898		22
1859	1899		23
1860	1900		24
1861	1901
1862	1902		method is evidenced-based. Alternate methods of
1863	1903		evaluation shall not replace the requirements of
1864	1904		Section 6-101.16 of this title.,
1865	1905		b. Each school district that elects to participate in
1866	1906		assigning advanced, lead, and master teacher
1867	1907		certificates shall include an out-of-classroom
1868	1908		component for its assigned teachers to allow for
1869	1909		professional growth opportunities while staying in the
1870	1910		classroom. How out-of-classroom time is allotted and
1871	1911		managed shall be determined by the school district and
1872	1912		submitted as part of its designation plan to the State
1873	1913		Department of Education for review and approval., and
1874	1914		c. Student student performance measures may be determined
1875	1915		by the district and which may include, but shall not
1876	1916		be limited to, pre- and post-tests, summative or
1877	1917		formative, and portfolios. The school district
1878	1918		application shall show evidence of validity and
1879	1919		reliability of the measures.
1880	1920		Districts may use additional factors in determining which
1881	1921		teachers are eligible to receive a designation, such as student
1882	1922		surveys, teacher leadership responsibilities, teacher mentorshi p
1883	1923		responsibilities, family surveys, demonstration of district core
1884	1924		values, teacher peer surveys, and contributions to the broader
1885	1925		school community. No more than ten percent (10%) of each school
1886	1926
1887		-	SB526 HFLR Page 38
1888		-	BOLD FACE denotes Committee Amendments. 1
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1889	1928		2
1890	1929		3
1891	1930		4
1892	1931		5
1893	1932		6
1894	1933		7
1895	1934		8
1896	1935		9
1897	1936		10
1898	1937		11
1899	1938		12
1900	1939		13
1901	1940		14
1902	1941		15
1903	1942		16
1904	1943		17
1905	1944		18
1906	1945		19
1907	1946		20
1908	1947		21
1909	1948		22
1910	1949		23
1911	1950		24
1912	1951
1913	1952		district’s teachers may be designated as an advanced, lead, or
1914	1953		master teacher in any given school year.
1915	1954		4. If a school district chooses to participate in this program,
1916	1955		the state shall match the amount the district pays above base pay,
1917	1956		up to Forty Thousand Dollars ($40,000.00) per teacher.
1918	1957		5. School districts that designate teachers for advanced, lead,
1919	1958		and master certificates do not have to participate in annual TLE
1920	1959		evaluations for the designated teachers.
1921	1960		6. School districts may designate teachers for advanced, lead,
1922	1961		or master certificates two times per year, once prior to the
1923	1962		beginning of the school year, and once prior to the beginning of the
1924	1963		second semester. Teachers statewide who receive these designations
1925	1964		shall be placed in professional development cohorts and provided
1926	1965		additional training opportunities from t he State Department of
1927	1966		Education.
1928	1967		7. 6. After initial approval by the State Department of
1929	1968		Education, the Department shall review and validate each
1930	1969		participating school district’s teacher evaluation system
1931	1970		designation plan biennially.
1932	1971		8. 7. The State Department of Education shall annually report
1933	1972		the school districts partici pating in the program, the number of
1934	1973		advanced, lead, and master certificates awarded, and the total
1935	1974		amount in state match funding that was distributed to teachers .
1936	1975
1937		-	SB526 HFLR Page 39
1938		-	BOLD FACE denotes Committee Amendments. 1
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1939	1977		2
1940	1978		3
1941	1979		4
1942	1980		5
1943	1981		6
1944	1982		7
1945	1983		8
1946	1984		9
1947	1985		10
1948	1986		11
1949	1987		12
1950	1988		13
1951	1989		14
1952	1990		15
1953	1991		16
1954	1992		17
1955	1993		18
1956	1994		19
1957	1995		20
1958	1996		21
1959	1997		22
1960	1998		23
1961	1999		24
1962	2000
1963	2001		J. The State Board of Education shall adopt rules to implement
1964	2002		a renewal schedule and as sociated fees for advanced, lead, and
1965	2003		master teaching certificates. The rules shall allow a teacher that
1966	2004		no longer meets the requirements of an advanced, lead, or master
1967	2005		teaching certificate to make application for the standard teaching
1968	2006		certificate.
1969	2007		K. The terms of the contracts issued to those holding advanced,
1970	2008		lead, and master teaching certificates shall include the following:
1971	2009		1. Advanced: an additional five (5) days to be used to
1972	2010		strengthen instructional leadership. A person with an advanced
1973	2011		teaching certificate shall receive an annual salary increase of at
1974	2012		least Three Thousand Dollars ($3,000.00) or the district’s daily
1975	2013		rate of pay, whichever is higher, in addition to the salary for
1976	2014		which the teacher qualifies pursuant to Section 18-114.14 of this
1977	2015		title. This increase shall be matched by state dollars from the
1978	2016		lottery funds as provided in Section 713 of Title 3A of the Oklahoma
1979	2017		Statutes and shall be paid as regular annual compensation directly
1980	2018		to teachers through school districts;
1981	2019		2. Lead: an additional ten (10) days to be used to strengthen
1982	2020		instructional leadership. A person with a lead teaching certificate
1983	2021		shall receive an annual salary increase of at least Five Thousand
1984	2022		Dollars ($5,000.00) or the district’s daily rate of pay, whichever
1985	2023		is higher, in addition to the salary for which the teacher qualifies
1986	2024		pursuant to Section 18-114.14 of this title. This increase shall be
1987	2025
1988		-	SB526 HFLR Page 40
1989		-	BOLD FACE denotes Committee Amendments. 1
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1990	2027		2
1991	2028		3
1992	2029		4
1993	2030		5
1994	2031		6
1995	2032		7
1996	2033		8
1997	2034		9
1998	2035		10
1999	2036		11
2000	2037		12
2001	2038		13
2002	2039		14
2003	2040		15
2004	2041		16
2005	2042		17
2006	2043		18
2007	2044		19
2008	2045		20
2009	2046		21
2010	2047		22
2011	2048		23
2012	2049		24
2013	2050
2014	2051		matched by state dollars from the lottery funds as provided in
2015	2052		Section 713 of Title 3A of the Oklahoma Statutes and shall be paid
2016	2053		as regular annual compensation directly to teachers through school
2017	2054		districts; and
2018	2055		3. Master: an additional fifteen (15) days to be used to
2019	2056		strengthen leadership. A person with a master teaching certificate
2020	2057		shall receive an annual salary increase of at least Ten Thousand
2021	2058		Dollars ($10,000.00) or the district’s daily rate of pay, whichever
2022	2059		is higher, in addition to the salary for which the teacher qualifies
2023	2060		pursuant to Section 18-114.14 of this title. This increase, up to
2024	2061		Forty Thousand Dollars ($40,000.00), shall be matched by state
2025	2062		dollars from the lottery funds as provided in Section 713 of Title
2026	2063		3A of the Oklahoma Statutes and shall be paid as regular annual
2027	2064		compensation directly to teachers through school districts.
2028	2065		If a person with an advanced, lead, or master teaching
2029	2066		certificate changes school districts during the life of the
2030	2067		certificate, the terms of the c ontracts required in this subsection
2031	2068		shall be subject to approval by the new employing school district.
2032	2069		L. Beginning in the 2022-2023 school year, the Department shall
2033	2070		make the teaching certificates provide d for in this section
2034	2071		available for any person who has received a recommendation from his
2035	2072		or her school district and who meets the eligibility criteria as
2036	2073		outlined in each school district’s teacher evaluation system
2037	2074		designation plan provided for in subsection I of this section.
2038	2075
2039		-	SB526 HFLR Page 41
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2041	2077		2
2042	2078		3
2043	2079		4
2044	2080		5
2045	2081		6
2046	2082		7
2047	2083		8
2048	2084		9
2049	2085		10
2050	2086		11
2051	2087		12
2052	2088		13
2053	2089		14
2054	2090		15
2055	2091		16
2056	2092		17
2057	2093		18
2058	2094		19
2059	2095		20
2060	2096		21
2061	2097		22
2062	2098		23
2063	2099		24
2064	2100
2065	2101		M. The funding necessary for the administration of this section
2066	2102		shall be provided from the Teacher Empowerment Revolving Fund
2067	2103		created in Section 2 6-190.2 of this act title. If funding for the
2068	2104		administration of the teaching certificates listed in subsection I
2069	2105		is not available, the Department shall not be required to fulfill
2070	2106		the requirements listed in subsections I, K, and L of this section.
2071	2107		N. The State Board of Education shall promulgate rules to
2072	2108		implement the provisions of Section 6-180 et seq. of this title.
2073	2109		SECTION 13. REPEALER 70 O.S. 2021, Sections 6-101.16 and
2074	2110		6-101.31, are hereby repealed.
2075	2111		SECTION 14. This act shall become effective July 1, 2023.
2076	2112		SECTION 15. It being immediately necessary for the preservation
2077	2113		of the public peace, h ealth, or safety, an emergency is hereb y
2078	2114		declared to exist, by reason whereof this act shall take effect and
2079	2115		be in full force from and after its passage and approval.
2080	2116
2081		-	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2023
2082		-	- DO PASS, As Amended.
	2117	+	ENGR. S. B. NO. 526 Page 43 1
	2118	+	2
	2119	+	3
	2120	+	4
	2121	+	5
	2122	+	6
	2123	+	7
	2124	+	8
	2125	+	9
	2126	+	10
	2127	+	11
	2128	+	12
	2129	+	13
	2130	+	14
	2131	+	15
	2132	+	16
	2133	+	17
	2134	+	18
	2135	+	19
	2136	+	20
	2137	+	21
	2138	+	22
	2139	+	23
	2140	+	24
	2141	+
	2142	+	Passed the Senate the 7th day of March, 2023.
	2143	+
	2144	+
	2145	+
	2146	+	Presiding Officer of the Senate
	2147	+
	2148	+
	2149	+	Passed the House of Representatives the ____ day of __________,
	2150	+	2023.
	2151	+
	2152	+
	2153	+
	2154	+	Presiding Officer of the House
	2155	+	of Representatives
	2156	+