Text of OK HB 4387 (2022)

Req. No. 9503 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 2nd Session of the 58th Legislature (2022) HOUSE BILL 4387 By: Baker AS INTRODUCED An Act relating to teacher certification; amending 70 O.S. 2021, Section 6-190, which relates to criteria for issuing teaching certificates; providing for issuance of advanced teaching certificates; modifying procedures for issuing lead and master teaching certificates; establishing minimum salary increase for certificates; providing for minimum time out of classroom; prescribing additional award for certain teachers; directing school district to identify and designate teachers for specialized certificates; requiring submission of plans to State Department of Education for evaluation and approval; providing minimum requirements for district designation system; authorizing use of additional factors; requiring state funding match; permitting districts to not participate in certain program; prescribing frequency and timing of designation; providing for professional development cohorts and additional training; mandating certain review of each district's system; requiring annual report of program; prescribing and modifying contract terms for advanced, lead, and master teachers; providing for funding through certain lottery monies; stating funding is on a first-come, first-served basis; clarifying certain funding is a state match for local funds; updating statutory citations; providing an effective date; declaring an emergency; and providing for conditional effect. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: Req. No. 9503 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-190, is amended to read as follows: Section 6-190. A. The board of education of each school district shall employ and contract in writing, as required in Section 6-101 of this title, only with persons certified to teach by the State Board of Education in accordance with the Oklahoma Teacher Preparation Act, except as otherwise provided for by Section 6-101 of this title and by other law. B. The Board shall issue a certificate to teach to any person who: 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 accreditation 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 completed 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 history record from the Oklahoma State Bureau of Investigation as well as a national criminal history Req. No. 9503 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 record check as defined 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 certificate 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; 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 subsection 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 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, the Board may issue a temporary certificate which shall be effective until receipt of Req. No. 9503 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 the national fingerprint-based criminal history record. The person applying for a certificate shall be responsible 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 purposes of the Oklahoma Teacher Preparation Act, subject to any professional development requirements prescribed by the Oklahoma 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 requirements established by the 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 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-country certificate. 3. 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 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 Req. No. 9503 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 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 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 certificate to teach pursuant to this subsection. 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 recognized 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 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 Req. No. 9503 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 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 cost of the criminal history record checks. H. 1. The Board shall issue a certificate 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 those subject areas and grade levels that correspond with a certification area used in Oklahoma. 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 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 responsible for the cost of the criminal history record checks. I. 1. The Board shall issue a lead teaching certificate to any person who upon application: 1. Has successfully completed the requirements of this subsection; Req. No. 9503 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 2. Has a minimum of five (5) years of experience as a teacher; 3. Participates in a meaningful individualized program of professional development, as provided for in Section 6-101.10 of this title; 4. Has earned a "highly effective" or "superior" rating pursuant to Section 6-101.16 of this title; and 5. May have a teaching load of not more than seventy-five percent (75%) student instruction to allow the teacher to mentor other teachers. J. 1. The Board shall issue a master teaching certificate to any person who upon application: a. has successfully completed the requirements of this subsection, b. has a minimum of seven (7) years of experience as a teacher, and c. (1) has earned a "superior" rating pursuant to Section 6-101.16 of this title, or (2) has earned a "highly effective" rating pursuant to Section 6-101.16 of this title and holds or has held a National Board certification from the National Board for Professional Teaching Standards. 2. Teachers with a master teaching certificate may assume leadership roles that include but are not limited to: Req. No. 9503 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 a. the planning and delivery of professional development activities designed to improve instructional strategies, b. the facilitation of an instructional leadership team within the building or school district in which the lead teacher is assigned, and c. the mentoring of other teachers and participation in evaluations of other teachers. 3. Teachers with a master teaching certificate may have a teaching load of not more than fifty percent (50%) student instruction to allow the lead teacher to spend time on: a. co-teaching, b. co-planning, c. peer reviews, and d. other duties mutually agreed upon by the superintendent and the master teacher, and may be used to satisfy the qualitative evaluation component for teachers as required by Section 6-101.16 of this title by performing the duties set forth in this paragraph 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 dollars from the lottery funds as provided in Section 713 of Title 3A of the Oklahoma Statutes. The advanced certificate shall include Req. No. 9503 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 a minimum salary increase of Three Thousand Dollars ($3,000.00) and out of classroom at least ten percent (10%) of the time, the lead certificate shall include a minimum salary increase of Five Thousand Dollars ($5,000.00) and out of classroom at least twenty-five percent (25%) of the time, 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) and out of classroom at least fifty percent (50%) of the time. 2. A teacher who works in a school designated to receive Title I federal funds or a school district with an enrollment of less than one thousand students shall be paid an 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 shall identify and designate the highest quality teachers for advanced, lead, and master certificates. The district shall submit its 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 Req. No. 9503 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 system shall include both a teacher observation and a student performance component. a. Teacher observation shall be based on the State Department of Education's Teacher and Leader Effectiveness (TLE) and Professional Learning Focus, or a third-party rubric, such as the Tulsa Model, Marzano, or nationally recognized teacher evaluation systems such as the Framework for Teaching (FFT) from Danielson, National Institute for Excellence in Teaching TAP, or others. A school district may create its own teacher evaluation rubric if it can show evidence of validity and reliability as approved by the Department. b. Student performance measures may be determined by the district and may include pre- and post-tests, summative or formative, value-added measures, student learning objectives (SLOs), 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 Req. No. 9503 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 values, teacher peer surveys, and contributions to the broader school community. 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 create their own teacher evaluation rubric may choose not to participate in state TLE for teachers identified for advanced, lead, and master certificate designations. 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. After initial approval by the State Department of Education, the Department shall review and validate each participating school district's teacher evaluation system biennially. 8. The State Department of Education shall annually report the school districts participating 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. K. J. The State Board of Education shall adopt rules to implement a renewal schedule and associated fees for advanced, lead, Req. No. 9503 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 and master teaching certificates. The rules shall allow a teacher that no longer meets the requirements of a an advanced, lead, or master teaching certificate to make application for the standard teaching certificate. L. 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 supplement 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 supplement shall be matched by state dollars from the lottery funds as provided in Section 713 of Title 3A of the Oklahoma Statutes; 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 supplement of at least Three Thousand Dollars ($3,000.00) 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 supplement shall be matched by state Req. No. 9503 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 dollars from the lottery funds as provided in Section 713 of Title 3A of the Oklahoma Statutes; and 2. 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 supplement of at least Five Thousand Dollars ($5,000.00) 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 supplement, 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. If a person with a an advanced, lead, or master teaching certificate changes school districts during the life of the certificate, the terms of the contracts required in this subsection shall be subject to approval by the new employing school district. M. 1. Any person who is eligible for a lead or master teaching certificate described in this section shall make application for the following school year with the State Board of Education. The application shall include a recommendation from the local board of education and determination that the applicant has met the statutory criteria. In reviewing an application, the local school board of education and the superintendent shall consider the ability of the school district to fulfill the additional requirements described in Req. No. 9503 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 subsections I and J of this section before making a recommendation to the State Board of Education. 2. The State Department of Education shall develop an application to implement the provisions of this subsection and make it available to school districts. N. L. Beginning in the 2021-2022 2022-2023 school year, the Department shall make the teaching certificates provided for in this section available for any person who has received a recommendation from their local board of education his or her school district and who meets the eligibility criteria as outlined in each school district's teacher evaluation system provided for in subsection I of this section. O. For the 2019-2020 and 2020-2021 school years, the Department shall identify school districts to implement the teaching certificates provided for in this section on a pilot program basis with the assistance of public-private partnerships, funding from philanthropic organizations or federal grants. P. The Department shall seek funding M. The funding necessary for the administration of this section shall be provided from the Oklahoma Education Lottery Trust Fund on a cash basis after funding and requirements are met in accordance with Section 713 of Title 3A of the Oklahoma Statutes. Funding shall go toward advanced, lead, and master certificate holders on a first-come, first-served basis until the cash is exhausted for the school year. Funds from the Req. No. 9503 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Education Lottery Trust Fund shall serve as a state match to local dollars each school district contributes to their advanced, lead, and master teachers as provided in Section 713 of Title 3A of the Oklahoma Statutes. If funding for the administration of the teaching certificates listed in subsections subsection I and J is not available, the Department shall not be required to fulfill the requirements listed in subsections K and L, M, N and O of this section. Q. N. The State Board of Education shall promulgate rules to implement the provisions of this act. SECTION 2. This act shall become effective July 1, 2022. SECTION 3. It being immediately necessary for the preservation of the public peace, health 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. SECTION 4. The provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. ____ of the 2nd Session of the 58th Oklahoma Legislature and shall not become operative as law otherwise. 58-2-9503 EK 01/20/22