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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 526 By: Pugh
AS INTRODUCED
An Act relating to teachers; amending 51 O.S. 2021,
Section 24A.7, as amended by S ection 2, Chapter 307,
O.S.L. 2022 (51 O.S. Supp. 2022, S ection 24A.7),
which relates to confidentiality of certain personnel
records; modifying lan guage regarding confidentiality
of certain evaluation records; amending 70 O.S. 2021,
Section 5-141, which relates to school district
minimum salary schedules; remov ing language allowing
additional compensation for certain evaluation
ratings; updating statutory reference; updating
statutory language; amending 70 O.S. 2021, Section 5 -
141.2, which relates to model incentive pay plans;
removing statutory reference; amending 70 O.S. 2021,
Section 5-141.4, which relates to teacher incentive
pay awards; removing language allowing an incentive
pay plan to be based on certain system; updating
statutory language; defining term; amending 70 O.S.
2021, Section 6-101.3, which relates to definitions
related to teachers; modify ing definitions; amending
70 O.S. 2021, Section 6-101.10, which relates to
school district evaluation policies; allowing rather
than requiring certain policy; removing reference to
certain professional developm ent; providing optional
criteria for certain policy ; removing references to
implementation of the Oklahoma Teacher and Leader
Effectiveness Evaluation System ; removing
requirements for certain professional development
policy; removing requirement for certain training;
allowing rather than requiring the State Department
of Education to conduct certain workshops; removing
language directing monitoring of certain compliance;
amending 70 O.S. 2021, Section 6-101.11, which
relates to copies of evaluations; provi ding statutory
reference; removing language regarding availability
of certain evaluation data; amending 70 O.S. 2021,
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Section 6-101.13, which relates to due process
procedures; removing language allowing dismissal or
nonreemployment of a principal who receives certain
evaluation rating; amending 70 O.S. 2021, Section 6-
101.22, which relates to reasons to dismiss c areer
teachers; removing language requiring dismissal or
nonreemployment of teachers who receive certain
evaluation ratings; amending 70 O.S. 2021, Section 6-
101.23, which relates to inapplicability of certain
due process provisions; removing language requiring
application of certain evaluation p rovisions to
certain teachers; updating statutory refe rences;
amending 70 O.S. 2021, Section 6-101.24, which
relates to identification of poor teacher
performance; removing language regarding actions to
be taken upon implementation of certain evaluation
system; allowing rather than requ iring certain
recommendation for dismissal or nonreemployment;
providing statutory reference; amending 70 O.S. 2021,
Section 6-190, as amended by Section 3, Chapter 359,
O.S.L. 2022 (70 O.S. Supp. 2022, Section 6 -190),
which relates to contracting with teachers; removing
qualifications for certain teacher certificates
related to evaluation ratings; removing certain
exemption; updating stat utory language; updating
statutory reference; repealing 70 O.S. 2021, Section
6-101.16, which relates to adoption of the Oklahoma
Teacher and Leader Effectiveness Evaluation System;
repealing 70 O.S. 2021, Section 6-101.31, which
relates to basing retention or reassign ment decisions
on certain evaluation ratings; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as
amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 24A.7), is amended to read as follows:
Section 24A.7. A. At the sole discretion of the public body, a
public body may keep personnel records confidential:
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1. Which relate to internal personnel inv estigations including
examination and selection material for em ployment, hiring,
appointment, promotion, d emotion, discipline, or resignation; or
2. Where disclosure would constitute a clearly unwarranted
invasion of personal privacy such as employee eval uations, payroll
deductions, employment applications submitted by persons not hired
by the public body, and transcripts from institutions of higher
education maintained in the personnel files of certified public
school employees; provided, however, that no thing in this subsection
shall be construed to exempt from dis closure the degree obtained and
the curriculum on the transcripts of certified public school
employees.
B. All personnel records not specifically falling wit hin the
exceptions provided in subse ction A or D of this section shall be
available for public in spection and copying including, but not
limited to, records of:
1. An employment application of a person wh o becomes a public
official;
2. The gross receipts of p ublic funds;
3. The dates of employ ment, title, or position; and
4. Any final disciplinary action resulting in loss of pay,
suspension, demotion of position, or termination.
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C. Except as may otherw ise be made confidential by statute, an
employee of a public body shall have a right of acces s to his own
personnel file.
D. The home addresses, home telephone numbers, Social Security
numbers, private email addresses, and pri vate mobile phone numbers
of current and former public employees shall not be open to public
inspection or disclosure; provided, however, that nothing in t his
subsection shall be construed to exempt from disclosure public
records created using a private em ail address or private mobile
phone.
E. Except as otherwise required by Section 6 -101.16 of Title 70
of the Oklahoma Statutes, public Public bodies shall keep
confidential all records created pursuant related to the Oklahoma
Teacher and Leader Effectiveness Evaluation S ystem (TLE) evaluations
conducted pursuant to Section 6-101.10 of Title 70 of the Oklahoma
Statutes which identify a current or former public empl oyee and
contain any evaluation , or observation or other TLE record of such
the employee.
SECTION 2. AMENDATORY 70 O.S. 2 021, Section 5-141, is
amended to read as follows:
Section 5-141. A. Each school dist rict of this state shall
adopt a minimum salary schedule and shall transmit a c opy of it to
the State Board of Education within thirty (30) days after adoption.
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A school district shall not calculate salaries of teachers solely as
a proportion of the salar ies of the administrators of the district.
B. Districts shall be encouraged to provide compensation
schedules to reflect district policies and circumstances, including
differential pay for different subject areas and s pecial incentives
for teachers in districts with specific geographical attributes.
Districts may also adopt a salar y schedule that provides additional
compensation for achieving certain ratings under the O klahoma
Teacher and Leader Effectiveness Evaluatio n System (TLE) as set
forth in Section 6 of this act. Any salary schedule adopted by a
district pursuant to this se ction shall not set salaries at amounts
less than those set pursuant to Section 18-114.12 18-114.14 of this
title.
C. The State Department of Education shall compile a report o f
the minimum salary schedules fo r every school district in the state
and shall submit the report to the Governor, Speaker of the House of
Representatives, and President Pro Tempore of the Senate no later
than December 15 of each year.
D. Each school district shall file within fifteen (1 5) days of
signing the contract, the employment contract of the superintendent
of the school district with the State Department of Educa tion. The
Department shall keep all contracts ava ilable for inspection by the
public. The school district shall not be authorized to pay any
salary, benefits, or other compensation to a superintendent which
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are is not specified in the contract on file and s hall not pay
administrators any amounts for accumu lated sick leave that are not
calculated on the same formula used for determining payment for
accumulated sick leave benefits for other full-time employees of
that school district and shall not pay administ rators any amounts
for accumulated vacation leave benefits that are not calculated on
the same formula used for determin ing payment for accumulated
vacation leave benefits for other twelve-month full-time employees
of that school district.
E. By October 1 of each year each district board of education
shall prepare a schedule of salaries and fringe benefits paid
administrators employed by the district, including a description of
the fringe benefits. The schedule shall be a public record and
shall be disclosed as required by the Oklahoma Open Records Act.
The board shall file a copy of the s chedule with the State
Department of Education within one week of completion.
F. For purposes of this section the term “administrator” shall
include employees who are e mployed and certified as superintendents,
assistant superintendents, principals, and as sistant principals and
who have responsibilities for supervising classroom teac hers.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-141.2, is
amended to read as follows:
Section 5-141.2. A. In addition to incentive pay plans
authorized pursuant to Section 4 of t his act, the The State Board of
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Education shall develop not fewer than five different model
incentive pay plans and shall distribute inf ormation about each plan
to every school district board of education. No plan develope d by
the Board or implemented by a school district board of education
shall permit payment in any one (1) year of incentives to any one
teacher amounting to more than fifty percent (50%) of the regular
salary of the teacher, exclusive of fringe benefits or extra duty
pay. Any incentive p ay award shall be an annual award and shall no t
be a part of a continuing contract of a teacher. Any incentive pay
awards received shal l be excluded from the compensation of a teacher
for purposes of calculating retirement pursuant to the Teachers ’
Retirement System of Oklahoma and shall not be subje ct to taxes
levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
extent an exemption is provided by federal law.
B. A school district board of education may ado pt an
academically based, district incentive pay plan for the classroom
teachers in the district. The district may adopt any incentive pay
plan consistent with the requ irements of this section, which may
include any incentive pay plan developed by the Sta te Board of
Education pursuant to this section. The school district board of
education shall appoint an advisory committee consisting of
teachers, parents, business per sons or farmers, and other local
citizens to advise the board in formulating an incenti ve pay plan.
Prior to the adoption of a plan, the board of education shall pla ce
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the plan on the school board agenda for public comment and shall
submit the plan to the State Board of Education for final approval
on or before March 1 prior to implementati on of the plan during the
succeeding school year. The board of education shall comply with
the provisions of this subsection for any year a plan is to be
modified.
C. A school district shall be required to adopt and i mplement
an academically based , district incentive pay plan for any sc hool
year following the receipt by the school district board of
education, of a petition signed by twenty percent (20%) of the
classroom teachers employed in the district which calls for the
adoption of an incentive pay pla n for the district.
D. Student test scores shall not be the sole criterion for
allocation of incentive pay under any plan developed or approved by
the Board.
E. For the purposes of this section only, “classroom teacher”
shall mean any employee who holds certification and assignment
outside the classification of administrator.
F. The State Board of Education shall promulgate rules
necessary for the effective implementat ion and administration of
this section.
G. Each school district board of education sha ll provide for a
local evaluation committee which shall advise the board on whi ch
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teachers are to receive incentive pay awards and the amount of each
incentive pay award according to the plan.
H. Nothing herein shall p reclude a school district from
supplementing any monies appropriated t o the district for the
purposes of funding the incentive pay plan of the district with
monies from the general fund for the district.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 5-141.4, is
amended to read as follows:
Section 5-141.4. A. 1. In addition to incentive pay pl ans
authorized pursuant to Section 5-141.2 of this title, beginning with
the 2012-13 school year, a school district may implement an
incentive pay plan that rewards teachers who are increasing student
and school growth in achievement.
2. Teacher performan ce shall be measured using the Oklahoma
Teacher and Leader Effectiveness Evaluation System (TLE) as set
forth in Section 6-101.16 of this title.
3. Individual teacher incentive pay awards shall be based upon:
a. achieving either a “superior” or “highly effective”
rating under the TLE, and
b. grade level, subject area, or school level performanc e
success.
B. 1. Beginning with the 2012 -13 school year, a school
district may implement an incentive pay plan as auth orized pursuant
to this section.
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2. For purposes of this section, “leader” means a principal,
assistant principal or any other school a dministrator who is
responsible for supervising classroom teachers.
3. School leader effectiveness shall be measured us ing the
Oklahoma Teacher and Leader Effective ness Evaluation System (TLE) as
set forth in Section 6-101.16 of this title.
4. Individual school leader incentive pay awards shall be bas ed
upon:
a. achieving either a “superior” or “highly effective”
rating under the TLE, and
b. grade level, subject are a, or school level performance
success.
C. Incentive pay plans implemented pursuant to sub sections A
and B of this section shall be develo ped through a collaborative
planning process involving stakeholders, inc luding teachers and
school leaders.
D. In addition to individual teacher and leader incentive pay
plans, as authorized pursuant to this section, School districts may
develop and implement incentive pay systems for:
1. Teaching in critical shortage subjec t areas including, but
not limited to, foreign language;
2. Teachers and leaders who work in schools identified as in
need of improvement as determined by the State Board of Education;
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3. Teaching in the subject areas of Science science, Technology
technology, Engineering engineering, and Math mathematics (STEM); or
4. Teachers and leaders who work in schools or school districts
designated by the State Board of Education as hard -to-staff. For
purposes of this section, “leader” means a principal, assista nt
principal, or any other school administrat or who is responsible for
supervising classroom teachers.
E. B. 1. Prior to implementatio n of any incentive pay plan
developed pursuant to this section, the school district bo ard of
education shall place the p lan on the agenda for public comment at a
meeting of the district board of education.
2. After approval of the incentive pay plan, the school
district board of education shall submit th e plan to the State Board
of Education for final approval. Within six ty (60) days of receipt
of the plan, the Stat e Board shall review and approve or reject the
plan. If it is determined that the plan mee ts the requirements of
this section, the State Boa rd shall approve the plan. If the p lan
does not meet the requirements of this section, the State Board
shall reject the plan and provide written notification to the school
district board of education along with the grounds for rejection.
3. The district board of education shall comply with the
provisions of this subsection for any year a plan is to be modified.
F. C. Any incentive pay award shall be an annual award and
shall not be a part of a continuing contract for an employee. Any
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incentive pay award to any teacher or leader shall not exceed more
than fifty percent (50 %) of the regular salary of the teacher or
leader, exclusive of fringe benefits or extra duty pay. Any
incentive pay awards received sh all be excluded from compensation
for purposes of calculating retirement pursuant to t he Teachers’
Retirement System of Oklahoma and shall not be subject to taxes
levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
extent such exemption is provided by federal law.
SECTION 5. AMENDATORY 70 O.S. 2021 , Section 6-101.3, is
amended to read as follows:
Section 6-101.3. As used in Section 6-101 et seq. of this
title:
1. “Administrator” means a duly certified person who devotes a
majority of time to service as a superin tendent, elementary
superintendent, principal, supervisor, vice princi pal, or in any
other administrative or superv isory capacity in the school district;
2. “Dismissal” means the discontinuance of the teac hing service
of an administrator or teacher during the term of a written
contract, as provided by law;
3. “Nonreemployment” means the nonrenewal of the contract of an
administrator or teacher upon expiration of the contract;
4. “Career teacher” means a teacher who:
a. is employed by a school district pr ior to the 2017-
2018 school year and has completed three (3) or more
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consecutive complete school years as a teacher in one
school district under a written continuing or
temporary teaching contract, or
b. is employed for the first time by a school district
under a written continuing or tempor ary teaching
contract during the 2 017-2018 school year and
thereafter:
(1) has completed three (3) consecutive complete
school years as a teacher in one school district
under a written continuing or temporary teaching
contract and has achieved a district e valuation
rating of “superior” as measured pursuant to the
TLE as set forth in Section 6-101.16 of this
title for at least two (2) of the three (3)
school years,
(2) has completed four (4) consecutive complete
school years as a teacher in one school distri ct
under a written continuing or t emporary teaching
contract, has averaged a di strict evaluation
rating of at least “effective” as measured
pursuant to the TLE for the fo ur-year period, and
has received district evaluati on ratings of at
least “effective” for the last two (2) years of
the four-year period, or
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(3) has completed four (4 ) or more consecutive
complete school years in one school district
under a written continui ng or temporary teaching
contract and has not met the requirements of
subparagraph a or b of this paragraph, only if
the principal of the school at which the teacher
is employed submits a petition to the
superintendent of the school district requesting
that the teacher be granted career status, the
superintendent agrees with the petition, a nd the
school district board of ed ucation approves the
petition. The principal shall specify in the
petition the underlying facts supporting the
granting of career statu s to the teacher;
5. “Teacher hearing” means the hearing before a school district
board of education after a recommenda tion for dismissal or
nonreemployment of a te acher has been made but before any final
action is taken on the recommendation, held for th e purpose of
affording the teacher all rights guar anteed by the United States
Constitution and the Constitution of Oklah oma under circumstances
and for enabling the board to determine whether to approve or
disapprove the recommendation;
6. “Probationary teacher” means a teacher who:
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a. is employed by a school district prior to the 2017 -
2018 school year and has completed fewer than three
(3) consecutive complete schoo l years as a teacher in
one school district under a written teaching contract,
or
b. is employed for the first time by a school district
under a written teaching contract during the 2017-2018
school year and thereafter and has not met the
requirements for career teacher as provided in
paragraph 4 of this section;
7. “Suspension” or “suspended” means the temporary
discontinuance of the services of an administrator or teacher, as
provided by law; and
8. “Teacher” means a person defined as a teacher has the same
meaning as provided for in Section 1-116 of this title; and
9. “District evaluation r ating” means the rating issued based
on the components of the TLE as set forth in subs ection B of Section
6-101.16 of this title.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 6-101.10, is
amended to read as follows:
Section 6-101.10. A. Each school district board of education
shall may maintain and annually review , following consultation with
or involvement of representatives selected by local teachers, a
written policy of evaluation and corresponding professional
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development for all teachers and administrators. In those school
districts in which there exists a pr ofessional negotiations
agreement made in accordance with Section 509.1 et seq. of this
title, the procedure for evaluating members of the negotiations unit
and any standards of performance and conduct proposed for adopt ion
beyond those established by the State Board of Education shall be
negotiable items. Nothing in this section shall be construed to
annul, modify, or to preclude the renewal or continuing of any
existing agreement heretofore entered into between any sch ool
district and any organizational representative of its employees.
Every A school district policy of evaluation adopted by a board of
education shall may:
1. Be based upon a set of minimum criteria deve loped by the
State Board of Education, which shall be revised and based upon the
Oklahoma Teacher and Leader Effectivene ss Evaluation System (TLE)
developed by the State Board of Education as provided in Section 6-
101.16 of this title. The revisions to ea ch policy of evaluation
shall be phased in accordi ng to the following schedule:
a. for the 2014-2015, 2015-2016 and 2016-2017 school
years, the evaluation rating of teachers and
administrators shall be based on the qualitative
component of the TLE. For th e 2016-2017 school year,
the State Department of E ducation shall work with
school districts to develop individualized pr ograms of
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professional development as describ ed in subsection B
of this section. However, nothing in this
subparagraph shall preclude a school district with an
average daily attendance of more than thirty-five
thousand (35,000) from continuing to use quan titative
components which the district has in corporated at its
own expense prior to the 2015-2016 school year into
its evaluation system of teachers and administrators,
as defined by the district’s written policy,
b. for evaluations of teachers and adminis trators
conducted during the 2017-2018 school year, and each
school year thereafter, school districts shall
incorporate and put into ope ration the qualitative
component of the TLE as pro vided for in subsection B
of Section 6-101.16 of this title into the e valuations
used in all school sites within th e district. For the
2017-2018 school year, and each school year
thereafter, teachers and a dministrators shall receive
a district evaluation rating based on the components
of the TLE as set forth in subsection B of Section 6-
101.16 of this title. For the 2017-2018 school year,
school districts shall incorporate the individualized
programs of professional development as described in
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subsection B of this section on a pilot program basis,
and
c. for evaluations of teachers and administrators
conducted during the 2018-2019 school year, and each
school year thereafter, school districts shall fully
incorporate and put into operation the individualize d
programs of professional developme nt as described in
subsection B of this section school district board of
education;
2. Be prescribed in writing at the time of adoption and at all
times when amendments to the policy are adopted. The original
policy and all amendments to the policy shall be promptly made
available to all persons subject to the policy;
3. Provide that all evaluations be made in writing and that
evaluation documents and responses thereto be maintained in a
personnel file for each evaluat ed person;
4. Provide that every pr obationary teacher receive formati ve
feedback from the evaluation process at le ast two times per school
year, once during the fall semester and once during the spring
semester;
5. Provide for the development of a focuse d and individualized
program of professional development for the teach er or
administrator;
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6. Provide that every teacher be evaluated once every year,
except for career teachers receiving a district evalua tion rating of
“superior” or “highly effective” under the TLE who may be evaluated
once every three (3) years for the frequency of evaluation of
teachers and administrators; and
6. 7. Provide that, except for the evaluation of
superintendents of independe nt and elementary school districts and
superintendents of area school districts who shall be evaluated by
the school district board of education, all and the evaluation of
certified personnel shall be evaluated by a principal, assistant
principal, designee of the principal, supervisor, content expert,
department chair, peer committee , or other trained persons or groups
of persons designated by the school district boar d of education.
B. 1. Every policy of professional development adopted by a
school district board of education shall provide for the develo pment
of a focused and individualize d program of professional developm ent
for the teacher or administrator that is consistent with the
qualitative component of the TLE. The policy of professional
development shall:
a. establish an annual professional grow th goal for the
teacher or administr ator that is developed by the
teacher or administrator in collaboration with th e
evaluator,
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b. be tailored to address a specific area or criteria
identified through the q ualitative component of the
TLE,
c. allow the teacher or administrator to actively eng age
with learning practices that a re evidence-based,
researched practices that are correlated with
increased student achievement, and
d. be supported by resources that ar e easily available
and supplied by the school dist rict and the State
Department of Education.
2. School districts shall monitor compliance with each
individualized program of professional development implemented
pursuant to this subsection. All professio nal development completed
pursuant to an individua lized program of professional develo pment
shall count toward the total number of points a teacher or
administrator is required to complete as established by a school
district board of education pursuant to Section 6-194 of this title.
The implementation o f the individualized program of prof essional
development required by t his subsection shall not be construed as
increasing the professional development points requirements.
3. Individualized programs of pro fessional development required
by this subsection may include but are not limited to t he following
learning practices:
a. presenter-led workshops,
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b. individual or faculty studies of books, scholarly
articles and video productions,
c. peer observations,
d. committee studies to address student achievement
issues,
e. work related to a specifi c subject area or areas
associated with obtaining an advanced degree or
professional certification,
f. action research projects designed to improve student
achievement, and
g. participation in local, regional or state in itiatives
associated with the develo pment or implementation of
curriculum standards.
C. All individuals designated by the school district board of
education to conduct the personnel evaluations shall be re quired to
participate in training conducted by the State Department of
Education or training provided by the school dist rict using
guidelines and materials developed by the State Department of
Education prior to conducting evaluations.
D. The State Department of Education shall may develop and
conduct workshops pursuant to statewide criter ia which train
individuals in conducting evaluations.
E. The State Board of Ed ucation shall monitor compliance with
the provisions of this section by school districts.
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F. The State Board of Education shall study contin ued
implementation of the TLE to pro duce a system that promotes
reflection and professional growth for teachers and leaders.
G. Refusal by a school district to comply with the provisions
of this section shall be grounds for withholding State Aid funds
until compliance occurs.
H. C. Data collected pursuant to this section pursuant to a
school district’s evaluation policy shall not be subject to the
Oklahoma Open Meeting Act or the Oklahoma Open Records Act.
SECTION 7. AMENDATORY 7 0 O.S. 2021, Section 6 -101.11, is
amended to read as follows:
Section 6-101.11. Whenever any evaluation is made of a teacher
or administrator pursuant to the provisions of Section 6-101.10 of
this title, a true copy of the evaluation shall be presented to the
person evaluated, who shall ack nowledge the written evaluation by
signing the original. Within two (2) weeks after the evaluation,
the person evaluated may respond, and said the response shall be
made part of the record. Except by order of a court of com petent
jurisdiction, evaluation docu ments and the responses thereto sh all
be available only to the evaluated person , the board of education,
the administrative staff making the evaluation, the board and
administrative staff of any school to which such the evaluated
person applies for employment , and such other persons as are
specified by the teacher in writing and shall be subject to
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disclosure at any hearing involving a teacher or administrator’s
dismissal or nonrenewal from employment. Data collected pursuan t to
Section 6-101.10 shall be avail able to authorized representatives of
the State Department of Education and its contracting designees who
must be contractually bound to the Department to mainta in
confidentiality of all information received from the Dep artment when
such evaluation data is used by the Department for data
collection/analysis purposes under the Oklahom a Teacher and Leader
Effectiveness Evaluation System, and such other persons as ar e
specified by the teacher in writing and shall be subject to
disclosure at any hearing involvi ng a teacher or administrator ’s
dismissal or nonrenewal from employment.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 6-101.13, is
amended to read as follows:
Section 6-101.13. A. Whenever the school district board of
education or the administration of a school d istrict shall determine
that the dismissal or nonreemployment of a full-time certified
administrator from the administrative po sition within the school
district should be effected, the a dministrator shall be entitled to
the following due process procedures :
1. A statement shall be submitted to the a dministrator in
writing prior to the dismissal or nonreemployment which states the
proposed action, lists the reasons for effecting the actio n, and
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notifies the administrator of his or her right to a hearing bef ore
the school district board of education pr ior to the action; and
2. A hearing before the school district board of education
shall be granted upon the request of the administrator pri or to the
dismissal or nonreemployme nt. A request for a hearing shall be
submitted to the board of education not l ater than ten (10) days
after the administrator has been notified of the proposed action.
B. Failure of the administrator to request a heari ng before the
school district board of education within ten (10) days after
receiving the written statement shall c onstitute a waiver of the
right to a hearing. No decision of the board of educati on
concerning the dismissal or nonreemployment of a full -time certified
administrator shall be effective until the administrator has been
afforded due process as specified in this section. The decision of
the school district board of education concerning the dismissal or
nonreemployment, following the hearing, sh all be final.
C. Beginning with the 2017-2018 school year and thereaf ter, a
principal who has received district ev aluation ratings of
“ineffective” as measured pursuant to the TLE as set forth in
Section 6-101.16 of this title for two (2) consecutive scho ol years
may be dismissed or not ree mployed by the school district, su bject
to the due process procedures of this s ection.
SECTION 9. AMENDATORY 70 O.S. 2021, Section 6 -101.22, is
amended to read as follows:
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Section 6-101.22. A. Subject to the provisions of the Te acher
Due Process Act of 1990, a c areer teacher may be dismissed or not
reemployed for:
1. Willful neglect of duty;
2. Repeated negligence in performance of duty;
3. Mental or physical abuse to a child;
4. Incompetency;
5. Instructional ineffectivenes s;
6. Unsatisfactory teaching per formance;
7. Commission of an act of moral t urpitude; or
8. Abandonment of contract.
B. Subject to the provisions of the T eacher Due Process Act of
1990, a probationary teacher may be dismissed or not reemployed for
cause.
C. During the 2017-2018 school year and thereafter:
1. A career teacher w ho has received a district evaluation
rating of “ineffective” for two (2) consecutive school years shall
be dismissed or not reemployed on th e grounds of instructional
ineffectiveness by the school district, sub ject to the provisions of
the Teacher Due Process Act of 1990. However, the superintendent
may recommend and the school dist rict board of education may approve
continued employment of t he teacher; and
2. A career teacher who has received a district evalu ation
rating of “needs improvement” or lower for three (3) consecutive
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school years may be dismissed or not reemployed on the grounds of
instructional ineffectiveness by the school distr ict, subject to the
provisions of the Teacher Due Process Act of 1990.
D. During the 2017-2018 school year and the reafter:
1. A probationary teacher who has received a district
evaluation rating of “ineffective” as measured pursuant to the TLE
for two (2) consecutive school years may be di smissed or not
reemployed by the school district subject to the provisions of t he
Teacher Due Process Act of 1990; and
2. A probationary teacher who has not a ttained career teacher
status within a four -year period may be dismissed or not reemployed
by the school district, subject to the p rovisions of the Teacher Due
Process Act of 1990.
E. A teacher shall be dismissed or not reemployed, unless a
presidential or gubernatorial pardon has been issued, if during the
term of employment the teacher is convicted in this state, the
United States, or another state of:
1. Any sex offense sub ject to the Sex Offenders Registration
Act in this state or subject to another st ate’s or the federal sex
offender registration provisions; o r
2. Any felony offense.
F. D. A teacher may be dismissed, refused e mployment, or not
reemployed after a finding that such person has engaged in acts that
could form the basis of criminal charges sufficient to result in the
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denial or revocation of a cert ificate for a reason set forth in
subparagraph a of paragraph 6 of Sec tion 3-104 of this title.
G. E. As used in this section, “abandonment of contract” means
the failure of a teacher to report at the beginning of the contract
term or otherwise perform th e duties of a contract of employment
when the teacher has accepted oth er employment or is performing work
for another employer that prevents the teacher from fulfilling the
obligations of the contr act of employment.
H. F. A school district shall notify th e State Board of
Education within ten (10) days of the dismissal or no nreemployment
of a probationary or career tea cher for reasons outlined in
subsection F D of this section.
SECTION 10. AMENDATORY 70 O.S. 2021, Section 6 -101.23,
is amended to read as follows:
Section 6-101.23. A. The dismissal, s uspension, and
nonreemployment provisions of the Teacher Due Process Act of 1990
shall not apply to:
1. Substitute teachers;
2. Adult education teachers; and
3. Teachers who are emplo yed on temporary contracts.
B. The dismissal and suspension provision s of the Teacher Due
Process Act of 1990 shal l apply to teachers who are employed on
temporary contracts for a complete school year and to teachers who
are employed in positions fully fu nded by federal or private
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categorical grants, except that such teache rs shall be employed only
for the duration of the temporary contract or the grant.
C. The evaluation provisions in Sections 6 -101.10 and 6-101.11
of this title and in the Teacher Due Pr ocess Act of 1990 shall apply
to teachers who are employed on temporar y contracts for a complete
school year and to teachers who are employed in positions fully
funded by federal or private categor ical grants, except that such
teachers shall be employed on ly for the duration of the temporary
contract or the grant.
D. Teachers other than those specifically excepted in
subsection A of this section who are employed on contracts shall be
afforded all substantive and procedural rights set forth in the
Teacher Due Process Act of 1990 including the dismissal, suspension,
and nonreemployment provisions applicable to probationa ry or career
teachers as defined in Section 6-101.3 of this title.
E. D. On and after the effective date of this act July 1, 1999,
any teacher who has wor ked a complete school year under a t emporary
contract in a school dist rict shall be granted a year of service
credit toward career status in that district .
F. E. No teacher shall be hired on a tem porary contract by a
school district for more than four sem esters or on multiple
temporary contracts by a school district that to gether are for more
than four semesters, except for a:
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1. Teacher hired to replace a teacher who is on an approved
leave of absence and who is expected to return to employment with
the school district; or
2. Teacher who is a retired member of the Teacher s’ Retirement
System of Oklahoma.
G. F. No teacher shall be offered a temporary con tract with a
school district without a full written disclosure at the time a
position is offered by th e administration of the school distr ict
which sets forth the terms and conditions of the temporary contract.
In the event the school district fails to pr ovide such written
disclosure, the teacher shall be considered as employed on a
continuing contract ba sis.
H. G. On and after the effective date of this act July 1, 1999,
no teacher who is employed on a continuing contract basis by a
school district shall be reemployed on a temporary contract in that
school district.
SECTION 11. AMENDATORY 70 O.S. 2021, Section 6-101.24,
is amended to read as follows:
Section 6-101.24. A. Upon full implementation of the Oklahoma
Teacher and Leader E ffectiveness Evaluation System (TLE) as set
forth in Section 6-101.10 of this title, when a teacher receives a
rating as measured pursuant to the TLE as set forth in Section 6 -
101.16 of this title that may lead to a recommendation for the
dismissal or nonreemployment of the teacher or when When an
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administrator who has the responsibility of evaluating a teacher
under an evaluation policy adopted pursuant to Section 6-101.10 of
this title identifies poor performance or conduct that the
administrator believes may lead to a recommendation for the
dismissal or nonreemployment of the teacher, the administrator
shall:
1. Admonish the teacher, in writing, and make a reasonable
effort to assist the teacher in correcting the poor performance or
conduct; and
2. Establish a reasonable time for improvement, not to exceed
two (2) months, taking into consideration the rating on the
evaluation or the nature and gravi ty of the performance or conduct.
B. If the teacher does not correct the poor performance or
conduct cited in the admonition within the time specified, the
administrator shall may make a recommendation to the superinten dent
of the school district for the dismissal or nonreemployment of th e
teacher.
C. Whenever a member of the board of education, superintenden t,
or other administrator identifies poor performance or conduct that
may lead to a recommendation for dismissal or nonreemployment of a
teacher within the district, the administrator who has
responsibility for evaluation of the teacher under an evaluation
policy adopted pursuant to Section 6 -101.10 of this title shall be
informed, and that administrator shall comply with the procedures
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set forth in this section. If the administrator fails or refuses to
admonish the teacher within ten (10) days after being so informed by
the board, superintendent, or other ad ministrator, such board,
superintendent, or other administrator shall admonish the teacher
pursuant to the provisions of this sec tion.
D. Repeated negligence in performance of duty, willful neglect
of duty, incompetency, instructional ineffectiveness , or
unsatisfactory teaching performance , for a career teacher , or any
cause related to inadequate t eaching performance for a probatio nary
teacher, shall not be a basis for a recommendation to dismiss or not
reemploy a teacher unless and until the provisions of this section
have been complied with.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 6 -190, as
amended by Section 3, Chapter 35 9, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 6-190), is amended to read as follows:
Section 6-190. A. The board of education of each sc hool
district shall employ and contract in writing, as required in
Section 6-101 of this title, o nly with persons certif ied to teach by
the State Board of Education in accordance with the Oklahoma Teacher
Preparation Act, except as otherwise provided for b y Section 6-101
of this title and by other law.
B. The Board shall issue a certificate to teach to any person
who:
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1. Has successfully completed the teacher education program
required by the Commission for Educational Quality and
Accountability;
2. Has graduated from an accredited institution of higher
education that has approval or accreditatio n for teacher education;
3. Has met all other requirements as may be established by the
Board;
4. Has made the necessary application and paid the competency
examination fee in an amount and as prescribed by the Commission;
5. Has successfully complet ed the competency examination
required in Section 6-187 of this title; and
6. Beginning November 1, 2001, has on file with the Board a
current Oklahoma criminal his tory record from the Oklahoma State
Bureau of Investigation as well as a national criminal history
record check as defin ed in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history record, the
Board may issue a temporary certificate which shall be effective
until receipt of the national fingerprint -based criminal history
record. The person applying for a certificate shall be responsible
for the cost of the criminal history records.
C. The Board shall issue a cer tificate to teach to any person
who:
1. Holds an out-of-state certificate and meets the requirements
set forth in subsection G of this section;
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2. Holds certification from the National Board for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set forth in subsection F of this section; or
4. Has successfully completed a competency examination used in
the majority of other states or comparable customized exam and meets
the requirements set forth in subsec tion H of this section.
D. Beginning July 1, 2004, any person applying for initial
Oklahoma certification shall have on file with the Board a current
Oklahoma criminal history record from the Oklahoma State Bureau of
Investigation as well as a national cr iminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklah oma criminal history record, the Board may issue
a temporary certificate which shall be effective until receipt of
the national fingerpr int-based criminal history record. The person
applying for a certificate shall be r esponsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issued prior to
January 1, 1997, shall be a certified teacher for purpo ses of the
Oklahoma Teacher Preparation Act, subject to any professional
development requirements prescribed by the Okla homa Teacher
Preparation Act or by the State Board of Education.
F. 1. The Board shall issue a certificate to teach to a person
who holds a valid out-of-country certificate and meets any
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requirements established by t he Board. The certificate to teach
shall only be for those subject areas and grade levels most closely
aligned to the subject areas and grade levels recognized on the out-
of-country certificate.
2. A person who meets the requirements of paragraph 1 of t his
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels rec ognized on the out-of-country
certificate.
3. A person who meets the requiremen ts of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes . Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check .
The person applying for a certificate shall be responsib le for the
cost of the criminal history record checks.
4. The Board shall promulgate rules establishing a process by
which out-of-country certificates will be reviewed and evaluated for
purposes of awarding a certi ficate to teach pursuant to this
subsection.
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G. 1. The Board shall issue a certificate to teach to a person
who holds a valid out-of-state certificate. The certificate to
teach shall only be for those subject areas and grade levels most
closely aligned to the subject areas and grade levels rec ognized on
the out-of-state certificate.
2. A person who meets the requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-state
certificate.
3. A person who meets the requirements of this subsection shall
have on file with the Board a current Oklahoma criminal history
record check from the O klahoma State Bureau of Investigation as wel l
as a national criminal history record check as defined in Section
150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the
Oklahoma criminal history record check, the Board may issue a
temporary certificate which shall be effective until receipt of the
national fingerprint-based criminal history record check. The
person applying for a certificate shall be responsible for the cos t
of the criminal history record checks.
H. 1. The Board shall issue a ce rtificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall only be for
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those subject areas and grade levels that correspond with a
certification area used in Oklah oma.
2. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma S tate Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate whic h shall be effective until receipt
of the national fingerprint -based criminal history record check .
The person applying for a certificate shall be responsible for the
cost of the criminal history record checks.
I. 1. The Board may establish new levels of teacher
certificates: advanced, lead, and master. Each level shall have a
minimum salary increase requirement paid by the school district and
matched with state dollar s from the lottery funds as provided in
Section 713 of Title 3A of the Oklahoma Statutes. The advanced
certificate shall include a minimum salary increase of Three
Thousand Dollars ($3,000.00), the lead certificate shall include a
minimum salary increase of Five Thousand Dollars ($5,000.00), and
the master certificate shall include a minimum salary increase of
Ten Thousand Dollars ($10,000.00) and maximum salary increase of
Forty Thousand Dollars ($40,000.00).
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2. A teacher who works in a school with an enrollment of forty
percent (40%) or more of students who are economically disadvantaged
as defined in Section 18-109.5 of this title or a school district
with an enrollment of fewer than one thousand students shall be paid
a one-time award in addition to the salary increases provided in
paragraph 1 of this subsection:
a. One Thousand Five Hundred Dollars ($1,500.00) for an
advanced certificate,
b. Two Thousand Five Hundred Dollars ($2,500.00) for a
lead certificate, and
c. Five Thousand Dollars ($5,000.00) for a master
certificate.
3. School districts may identify and designate the highest
quality teachers for advanced, lead, and master certificates.
Participating districts shall submit designation plans to the State
Department of Education for evaluation and approval. Districts
shall have local control and flexibility in determining how to
evaluate teachers and assign designations, but, at a minimum, the
designation system shall include a teacher observation, out-of-
classroom time, and a student performanc e component.:
a. Teacher an evidence-based observation shall be based
on the district’s selected Teacher and Leader
Effectiveness Evaluation System (TLE) evaluation tool
or an alternate method of evaluation; provided, the
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method is evidenced-based. Alternate methods of
evaluation shall not re place the requirements of
Section 6-101.16 of this title.,
b. Each school district that elects to participate in
assigning advanced, lead, and master teacher
certificates shall include an out-of-classroom
component for its assigned teachers to allow for
professional growth opportunities while staying in the
classroom. How out-of-classroom time is allotted and
managed shall be determined by the school district and
submitted as part of its designation plan to the Stat e
Department of Education for review and a pproval., and
c. Student student performance measures may be determined
by the district and which may include, but shall not
be limited to, pre- and post-tests, summative or
formative, and portfolios. The school district
application shall show evidence of validity and
reliability of the measures.
Districts may use additional factors in determining which
teachers are eligible to receive a designation, such as student
surveys, teacher leadership responsibilities, teacher mentorship
responsibilities, family surveys, demonstration of district core
values, teacher peer surveys, and contributions to the broader
school community. No more than ten percent (10%) of each school
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district’s teachers may be designated as an advanced, lead, or
master teacher in any given school year.
4. If a school district chooses to participate in this program,
the state shall match the amount the district pays above base pay,
up to Forty Thousand Dollars ($40,000.00) per teacher.
5. School districts that designate teachers for advanced, lead,
and master certificates do not have to participate in annual TLE
evaluations for the designated teachers.
6. School districts may designate teachers for advanced, lead,
or master certificates two times per year, once prior to the
beginning of the school year, and once prior to the beginning of the
second semester. Teachers statewide who receive these designations
shall be placed in professional development cohorts and provided
additional training opportunities from the State Department of
Education.
7. 6. After initial approval by the State Department of
Education, the Department shall review and validate each
participating school district’s teacher evaluation system
designation plan biennially.
8. 7. The State Department of Education shall an nually report
the school districts partici pating in the program, the number of
advanced, lead, and master certificates awarded, and the total
amount in state match funding that was distributed to teachers .
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J. The State Board of Education shall adopt rules to implement
a renewal schedule and as sociated fees for advanced, lead, and
master teaching certificates. The rules shall allow a teacher that
no longer meets the requirements of an advanced, lead, or master
teaching certificate to make application for the standard teaching
certificate.
K. The terms of the contracts issued to those holding advanced,
lead, and master teaching certificates shall include the following:
1. Advanced: an additional five (5) days to be used to
strengthen instructional leadership. A person with an advanced
teaching certificate shall receive an annual salary increase of at
least Three Thousand Dollars ($3,000.00) or the district’s daily
rate of pay, whichever is higher, in addition to the salary for
which the teacher qualifies pursuant to Section 18-114.14 of this
title. This increase shall be matched by state dollars from the
lottery funds as provided in Section 713 of Title 3A of the Oklahoma
Statutes and shall be paid as regular annual compensation directly
to teachers through school districts;
2. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead teaching certificate
shall receive an annual salary increase of at least Five Thousand
Dollars ($5,000.00) or the district’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title. This increase shall be
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matched by state dollars from the lottery funds as provided in
Section 713 of Title 3A of the Oklahoma Statutes and shall be paid
as regular annual compensation directly to teachers through school
districts; and
3. Master: an additional fifteen (15) days to be used to
strengthen leadership. A person with a master teaching certificate
shall receive an annual salary increase of at least Ten Thousand
Dollars ($10,000.00) or the district’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title. This increase, up to
Forty Thousand Dollars ($40,000.00), shall be matched by state
dollars from the lottery funds as provided in Section 713 of Title
3A of the Oklahoma Statutes and shall be paid as regular annual
compensation directly to teachers through school districts.
If a person with an advanced, lead, or master teaching
certificate changes school districts during the life of the
certificate, the terms of the c ontracts required in this subsection
shall be subject to approval by the new employing school district.
L. Beginning in the 2022-2023 school year, the Department shall
make the teaching certificates provide d for in this section
available for any person who has received a recommendation from his
or her school district and who meets the eligibility criteria as
outlined in each school district’s teacher evaluation system
designation plan provided for in subsection I of this section.
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M. The funding necessary for the administration of this section
shall be provided from the Teacher Empowerment Revolving Fund
created in Section 2 6-190.2 of this act title. If funding for the
administration of the teaching certificates listed in subsection I
is not available, the Department shall not be required to fulfill
the requirements listed in subsections I, K, and L of this section.
N. The State Board of Education shall promulgate rules to
implement the provisions of Section 6-180 et seq. of this title.
SECTION 13. REPEALER 70 O.S. 2021, Sections 6-101.16 and
6-101.31, are hereby repealed.
SECTION 14. This act shall become effective July 1, 2023.
SECTION 15. It being immediately necessary for the preservation
of the public peace, h ealth, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-573 EB 1/17/2023 5:07:29 PM