Req. No. 5809 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 1428 By: Vancuren AS INTRODUCED An Act relating to teachers; amending 70 O.S. 2021, Section 6-204.2 and 6-204.3, which relate to the Education Leadership Oklahoma Act; transferring duties to Office of Educational Quality and Accountability; modifying purposes of the Education Leadership Oklahoma program; providing financial assistance for teachers renewing their National Board certification; limiting applicants for rene wal program; setting maximum award for each applicant; establishing bonuses for teachers with National Board certification; modifying term of years for the bonus; prohibiting inclusion of bonus in calculating salary; deleting reference to certain salary increment category; modifying verification process for eligible teachers; transferring oversight of Fund; modifying authorized expenditures; amending 70 O.S. 2021, Section 18-114.14, which relates to the Minimum Salary Schedule; modifying effective date of schedule; removing certain schedule categories; providing an effective date ; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 6 -204.2, is amended to read as follows: Section 6-204.2 A. The Oklahoma Commission for Teacher Preparation Office of Educational Quality and Accountability (OEQA) Req. No. 5809 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and the State Board of Education are authorized to establish the Education Leadership Oklahoma program. B. The purposes of the Educatio n Leadership Oklahoma program are to: 1. Provide teachers throughout the state information about National Board certification and the Education Leadership Oklahoma program services; 2. Provide technical assistance and National -Board-certified mentors to all teachers seeking National Board certification upon request; 3. Reward teachers who are seeking National Board certification by awarding them a portion of the application processing charge and assessment fee and scholarship a s provided in subsection D of this section; and 4. Reward teachers who are renewing their National Board certification by awarding them a portion of the renewal application fee as provided in subsection E of thi s section; and 5. Provide recognition to Na tional-Board-certified teachers. C. To fulfill the objectives of the Education Leade rship Oklahoma Act, the Oklahoma Commission for Teacher Preparation OEQA shall: 1. Inform teachers of the Education Leadership Oklahoma program and services it provides to teachers seeking National Board certification, emphasizing recruiting efforts toward teachers at Req. No. 5809 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 high-poverty schools, schools identified as in need of improvement and in counties with the lowest percentage of teachers who have achieved National Board certification; and 2. Ensure that all teachers seeking National Board certification receive adequate information regarding the level of commitment required to acquire National Board ce rtification. D. The Commission OEQA shall select not more than one hundred (100) applicants to participate in th e program each fiscal year for whom the Commission OEQA shall pay one-half (1/2) of the application processing charge and assessment fee for Na tional Board certification. The total amount paid by t he Commission OEQA shall not exceed One Thousand Three Hun dred Dollars ($1,300.00) per applicant. In addition the Commission OEQA shall also provide to the selected applicants a scholarship in the amo unt of Five Hundred Dollars ($500.00) to cover other expenses associa ted with obtaining National Board certification. E. The OEQA shall select not more than three hundred (300) applicants to participate in the renewal program each fiscal year for whom the OEQA shall pay a portion of t he fee for National Board certification renewal. The total amount paid by the OEQA shall not exceed Seven Hundred Fifty Dollars ($750.00) per applicant. F. The Commission OEQA shall promulgate rules establishing a process for accepting applications for t he Education Leadership Oklahoma program and for providing to applicants selected for the Req. No. 5809 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 program up-front payment of the application processing charge and assessment fee and scholarship. If a selected applicant who receives the up-front payment does not complete National Board certification within three (3) years, the applicant shall repay the Commission OEQA the full amount paid by the Commission OEQA pursuant to subsection D of this section. All selected applicants who do not receive an up-front payment and successfully complete National Board certification shall be reimbursed by the Commission OEQA for the application processing charge and assessment fee. The total amount of reimbursement paid by the Commission OEQA shall not exceed One Thousand Three Hundred Dollars ($1,300.00) per applicant. F. G. It is the intent of the Legislature that the Oklahoma Commission for Teacher Preparation contract with Southeastern Oklahoma State University to OEQA establish Education Leade rship Oklahoma program trainin g in higher education teacher preparation programs in the state to assist teachers in meeting the requirements to obtain National Board certification. G. H. All teachers seeking National Board certification shall be eligible to participate in Education Le adership Oklahoma program training to assist them in meeting the requirements of the National Board certification pro cess, free of charge. H. I. Subject to district board of education policy or collective bargaining agreement , additional professional leav e days may be granted to teachers seeking N ational Board certification for Req. No. 5809 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 National Board certification portfolio dev elopment. During the two (2) days of the additional professional days granted to teachers for National Board certification portfolio devel opment, a substitute teacher shall be provi ded by the school district at no cost to the teacher. I. J. 1. The State Board of Education OEQA shall provide to teachers who attained attain National Board certification prior to June 30, 2013, a bonus in the amount of Five Thousand Dollars ($5,000.00) annually over a ten-year or five-year period, to be paid no later than January 31 each year. The Board shall provide a bonus to any teacher who attains National Board certification after June 30, 2013, if the teacher was selected for the Education Leader ship Oklahoma program before June 30, 2013, or the teacher has submitted an application for National Board certification to the National Board for Professional Teaching Standards befo re June 30, 2013 depending on the duration of the certification . 2. The teachers eligible to receive the annual bonus as provided for in para graph 1 of this subsection shall receive the annual bonus for the ten-year duration of their National Board certification and so long as they ar e teaching in the classroom full-time in an Oklahoma public school. No school or school district shall be liabl e for payment of bonuses pursuant to this section. Req. No. 5809 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The bonus shall not be included in the calculation of the teacher's salary for purposes o f meeting the district or statutory Minimum Salary Schedule, including instances where the salary schedule of the district exceeds the statutory Minimum Salary Schedule, or for purposes of compensating Oklahoma Teachers ' Retirement System contributions or benefits. 4. Teachers eligible to receive the annual bonus as provided for in paragraph 1 of this subsection sh all not be eligible to receive the additional salary increment for National Board certification as set forth in th e minimum salary schedule in S ection 3 of this act. 5. Teachers who atta in National Board certification after June 30, 2013, shall be eligibl e to receive the additional salary increments for National Board certification as set forth in the minimum salary schedule in Section 3 of this act. 6. The State Board of Education shall promulgate rules for a process by which a National -Board-certified teacher will verify that: a. the National Board certification has not lapsed, b. the teacher is still a full-time teacher employed in a public school, and c. for teachers eligible for the bonus, the teacher has not exceeded the limit of annual bonus payment s as provided for in paragraph 1 of this subsection. Req. No. 5809 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 J. K. It is the intent of the Legislature that the Oklahoma State Regents for Higher Educa tion incorporate the National Board certification portfolio development into all programs in education leading to a master's level degree. SECTION 2. AMENDATORY 70 O.S. 2021, Section 6 -204.3, is amended to read as follows: Section 6-204.3 There is hereby created in the St ate Treasury a revolving fund for the Oklahoma Commission for Teacher Preparation Office of Educational Quality and Accountability (OEQA) to be designated the "Education Leadership Ok lahoma Revolving Fund ". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies appropri ated or transferred to the fund by the Legislature. All monies accru ing to the credit of the fund are hereby appr opriated and may be budgeted and expended by the Oklahoma Commission for Teacher Preparation OEQA to provide assistance and scholarships for c andidates seeking National Board certification and renewal and to provide annual bonuses to qualified teachers pursuant to the requirements of Section 6-204.2 of this title. Expenditures from the fund shall be made upon warrants issued by the State Treasu rer against claims filed as prescribed by law with the Director of th e Office of Management and Enterprise Service s for approval and payment. SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -114.14, is amended to read as follows: Req. No. 5809 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 18-114.14 A. Beginning with the 2018-2019 2023-2024 school year, certified personnel, as defined in Sectio n 26-103 of this title, in the public schools of Oklahoma shall rece ive in salary and/or fringe benefits not less than the amounts specified in the following schedule: MINIMUM SALARY SCHEDULE National Years of Bachelor's Board Master's Doctor's Experience Degree Certification Degree Degree 0 $36,601 $37,759 $37,991 $39,381 1 $37,035 $38,193 $38,425 $39,815 2 $37,469 $38,628 $38,859 $40,249 3 $37,904 $39,062 $39,294 $40,684 4 $38,338 $39,496 $39,728 $41,118 5 $38,810 $39,968 $40,200 $41,590 6 $39,273 $40,432 $40,663 $42,054 7 $39,737 $40,895 $41,127 $42,517 8 $40,200 $41,358 $41,590 $42,980 9 $40,663 $41,822 $42,054 $43,444 10 $41,684 $42,844 $43,568 $45,945 11 $42,177 $43,336 $44,061 $46,438 12 $42,670 $43,829 $44,554 $46,931 13 $43,162 $44,322 $45,047 $47,424 14 $43,655 $44,815 $45,539 $47,916 Req. No. 5809 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15 $44,167 $45,327 $46,052 $48,430 16 $44,660 $45,820 $46,545 $48,923 17 $45,153 $46,313 $47,038 $49,416 18 $45,646 $46,806 $47,531 $49,909 19 $46,139 $47,299 $48,024 $50,402 20 $46,652 $47,813 $48,538 $50,917 21 $47,145 $48,306 $49,031 $51,410 22 $47,639 $48,799 $49,524 $51,903 23 $48,132 $49,292 $50,018 $52,397 24 $48,625 $49,785 $50,511 $52,890 25 $50,049 $51,232 $51,971 $54,395 Master's Degree + Years of National Board Experience Certification 0 $39,149 1 $39,583 2 $40,018 3 $40,452 4 $40,886 5 $41,358 6 $41,822 7 $42,285 8 $42,749 9 $43,212 Req. No. 5809 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10 $44,728 11 $45,221 12 $45,713 13 $46,206 14 $46,699 15 $47,212 16 $47,705 17 $48,198 18 $48,691 19 $49,184 20 $49,698 21 $50,192 22 $50,685 23 $51,178 24 $51,671 25 $53,153 B. 1. When determining the Minimum Salary Schedule, "fringe benefits" shall mean all or part of retirement benefits, excluding the contributions made pursuant to subsection A of Section 17 -108.1 of this title and the flexible benefit allowance pursuant to Section 26-105 of this title from the flexible benefit allowance funds disbursed by the State Board of Education and the State Board of Career and Technology Education pursuant to Section 26 -104 of this title. Req. No. 5809 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. If a school district intends to provide retirement benefits to a teacher such that the teacher 's salary would be less than the amounts set forth in the minimum salary schedule Minimum Salary Schedule specified in subsection A of this section, the district shall be required to provide written no tification to the teacher prior to his or her employment or, if alre ady employed by the district, no later than thirty (30) days prior to the date the district elects to provide retirement benefits such that the teacher's salary would be less than the minimum salary schedule Minimum Salary Schedule. C. Any of the degrees referred to in this section shall be from a college recognized by the Stat e Board of Education. The Bo ard shall accept teaching experience from out -of-state school districts that are accredited by the state board of e ducation or appropriate state accrediting agency for the districts. The Board shall acce pt teaching experience from out-of-country schools that are accredited or otherwise endorsed by the appropriate national or regional accrediting or endorsement authori ty. Out-of-country certification documentation in a language other than English shall be analyzed by an educational credential evaluation se rvice in accordance with industry standards and guidelines and approved by the State Department of Education. The person seeking to have credit granted for out-of-country teaching experience shall be res ponsible for all costs of the analysis by a credenti al evaluation service. The Board Req. No. 5809 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall accept teaching experience from primary and s econdary schools that are operated by the United States Department o f Defense or are affiliated with the United States Department of State. D. For the purpose of state sa lary increments and retirement, no teacher shall be granted credit for more than five (5) years of active duty in the military service or out -of-state or out-of- country teaching experience as a certified teacher or its equivalent. Nothing in this section shall prohibit boards of education from crediting more years of experience on distric t salary schedules than those allowed for state purposes. E. The State Board of Education shall recognize, for purpose s of certification and salary increments, all the ye ars of experience of a: 1. Certified teacher who teaches in the educational program of the Department of Correctio ns, beginning with fiscal year 1981; 2. Vocational rehabilitation counselor under the De partment of Human Services if the counselor was empl oyed as a certified teacher by the State Department of Education when the Division of Vocational Rehabilitation was transferred from the State Board of C areer and Technology Education or the State Board o f Education to the Okla homa Public Welfare Commissio n on July 1, 1968; 3. Vocational rehabilitation counselor which were completed while employed by the Department of Human Services if such counselor Req. No. 5809 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 was certified as a teacher or was eligible for certific ation as a teacher in Oklahoma; 4. Certified teache r which were completed while employed by the Child Study Center located at University Hospital, if the teacher was certified as a teacher in Oklahoma; an d 5. Certified school psychologist or psychometris t which were completed while employed as a doctoral intern, psychological assistant, or psychologist with any agency of the State of Okla homa if the experience primari ly involved work with persons of schoo l- or preschool-age and if the person was, at the t ime the experience was acquired, certified as, or el igible for certification as, a school psychologist or psychometrist. F. The provisions of this section shall not a pply to teachers who have entered into postretirement employment with a public school in Oklahoma and are still receiving a monthly retiremen t benefit. G. If a person employed as certified personnel, as defined in Section 26-103 of this title, by a school district during the 2017 - 2018 school year was receiving a salary above the step level indicated by the State Mi nimum Salary Schedule for the 2017-2018 school year, the person shall receive a salary increase amount equal to the amount indicated in subsecti on A of this section for the step level indicated for the person, provided they remain em ployed by the same district, unless the hours or the duties of the c ertified personnel are reduced proportionately. Req. No. 5809 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 4. This act shall become e ffective July 1, 2023. SECTION 5. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effe ct and be in full force from a nd after its passage and approval. 59-1-5809 EK 01/09/23