1 STATE OF OKLAHOMA 2 2nd Session of the 59th Legislature (2024) 3 SENATE BILL 1256 By: Pugh 4 5 6 AS INTRODUCED 7 An Act relating to teachers; amending 70 O.S. 2021, Section 6-190, as amended by Section 3, Chapter 359, 8 O.S.L. 2022 (70 O.S. Supp. 2023, Section 6-190), which relates to teacher certification; removing 9 requirement for certain matching funds for certain teacher certificates; modifying salary increase 10 amounts to be provided; removing maximum salary amount for certain certificate; exempting certain 11 provisions from collective bargaining; updating statutory references; amending Section 2, Chapter 12 359, O.S.L. 2022 (70 O.S. Supp. 2023, Section 6- 190.2), which relates to the Teacher Empowerment 13 Revolving Fund; updating statutory reference; modifying allocation of funding; removing purpose of 14 fund to serve as certain match; providing an effective date; and declaring an emergency. 15 16 17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 18 SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-190, as 19 amended by Section 3, Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2023, 20 Section 6-190), is amended to read as follows: 21 Section 6-190. A. The board of education of each school 22 district shall employ and contract in writing, as required in 23 Section 6-101 of this title, only with persons certified to teach by 24 the State Board of Education in accordance with the Oklahoma Teacher Req. No. 2436 Page 1 1 Preparation Act, except as otherwise provided for by Section 6-101 2 of this title and by other law. 3 B. The Board shall issue a certificate to teach to any person 4 who: 5 1. Has successfully completed the teacher education program 6 required by the Commission for Educational Quality and 7 Accountability; 8 2. Has graduated from an accredited institution of higher 9 education that has approval or accreditation for teacher education; 10 3. Has met all other requirements as may be established by the 11 Board; 12 4. Has made the necessary application and paid the competency 13 examination fee in an amount and as prescribed by the Commission; 14 5. Has successfully completed the competency examination 15 required in Section 6-187 of this title; and 16 6. Beginning November 1, 2001, has on file with the Board a 17 current Oklahoma criminal history record from the Oklahoma State 18 Bureau of Investigation as well as a national criminal history 19 record check as defined in Section 150.9 of Title 74 of the Oklahoma 20 Statutes. Upon receipt of the Oklahoma criminal history record, the 21 Board may issue a temporary certificate which shall be effective 22 until receipt of the national fingerprint-based criminal history 23 record. The person applying for a certificate shall be responsible 24 for the cost of the criminal history records. Req. No. 2436 Page 2 1 C. The Board shall issue a certificate to teach to any person 2 who: 3 1. Holds an out-of-state certificate and meets the requirements 4 set forth in subsection G of this section; 5 2. Holds certification from the National Board for Professional 6 Teaching Standards; 7 3. Holds an out-of-country certificate and meets the 8 requirements set forth in subsection F of this section; or 9 4. Has successfully completed a competency examination used in 10 the majority of other states or comparable customized exam and meets 11 the requirements set forth in subsection H of this section. 12 D. Beginning July 1, 2004, any person applying for initial 13 Oklahoma certification shall have on file with the Board a current 14 Oklahoma criminal history record from the Oklahoma State Bureau of 15 Investigation as well as a national criminal history record check as 16 defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon 17 receipt of the Oklahoma criminal history record, the Board may issue 18 a temporary certificate which shall be effective until receipt of 19 the national fingerprint-based criminal history record. The person 20 applying for a certificate shall be responsible for the cost of the 21 criminal history records. 22 E. Any person holding a valid certificate, issued prior to 23 January 1, 1997, shall be a certified teacher for purposes of the 24 Oklahoma Teacher Preparation Act, subject to any professional Req. No. 2436 Page 3 1 development requirements prescribed by the Oklahoma Teacher 2 Preparation Act or by the State Board of Education. 3 F. 1. The Board shall issue a certificate to teach to a person 4 who holds a valid out-of-country certificate and meets any 5 requirements established by the Board. The certificate to teach 6 shall only be for those subject areas and grade levels most closely 7 aligned to the subject areas and grade levels recognized on the out- 8 of-country certificate. 9 2. A person who meets the requirements of paragraph 1 of this 10 subsection shall not be required to take any competency examinations 11 in those subject areas and grade levels most closely aligned to the 12 subject areas and grade levels recognized on the out-of-country 13 certificate. 14 3. A person who meets the requirements of paragraph 1 of this 15 subsection shall have on file with the Board a current Oklahoma 16 criminal history record check from the Oklahoma State Bureau of 17 Investigation as well as a national criminal history record check as 18 defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon 19 receipt of the Oklahoma criminal history record check, the Board may 20 issue a temporary certificate which shall be effective until receipt 21 of the national fingerprint-based criminal history record check. 22 The person applying for a certificate shall be responsible for the 23 cost of the criminal history record checks. 24 Req. No. 2436 Page 4 1 4. The Board shall promulgate rules establishing a process by 2 which out-of-country certificates will be reviewed and evaluated for 3 purposes of awarding a certificate to teach pursuant to this 4 subsection. 5 G. 1. The Board shall issue a certificate to teach to a person 6 who holds a valid out-of-state certificate. The certificate to 7 teach shall only be for those subject areas and grade levels most 8 closely aligned to the subject areas and grade levels recognized on 9 the out-of-state certificate. 10 2. A person who meets the requirements of paragraph 1 of this 11 subsection shall not be required to take any competency examinations 12 in those subject areas and grade levels most closely aligned to the 13 subject areas and grade levels recognized on the out-of-state 14 certificate. 15 3. A person who meets the requirements of this subsection shall 16 have on file with the Board a current Oklahoma criminal history 17 record check from the Oklahoma State Bureau of Investigation as well 18 as a national criminal history record check as defined in Section 19 150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the 20 Oklahoma criminal history record check, the Board may issue a 21 temporary certificate which shall be effective until receipt of the 22 national fingerprint-based criminal history record check. The 23 person applying for a certificate shall be responsible for the cost 24 of the criminal history record checks. Req. No. 2436 Page 5 1 H. 1. The Board shall issue a certificate to teach to a person 2 who has successfully completed a competency exam used in a majority 3 of the other states. The certificate to teach shall only be for 4 those subject areas and grade levels that correspond with a 5 certification area used in Oklahoma. 6 2. A person who meets the requirements of paragraph 1 of this 7 subsection shall have on file with the Board a current Oklahoma 8 criminal history record check from the Oklahoma State Bureau of 9 Investigation as well as a national criminal history record check as 10 defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon 11 receipt of the Oklahoma criminal history record check, the Board may 12 issue a temporary certificate which shall be effective until receipt 13 of the national fingerprint-based criminal history record check. 14 The person applying for a certificate shall be responsible for the 15 cost of the criminal history record checks. 16 I. 1. The Board may establish new levels of teacher 17 certificates: advanced, lead, and master. Each level shall have a 18 minimum salary increase requirement paid by the school district and 19 matched with state dollars from the lottery funds as provided in 20 Section 713 of Title 3A of the Oklahoma Statutes. The advanced 21 certificate shall include a minimum salary increase of Three 22 Thousand Dollars ($3,000.00), the lead certificate shall include a 23 minimum salary increase of Five Thousand Dollars ($5,000.00), and 24 the master certificate shall include a minimum salary increase of Req. No. 2436 Page 6 1 Ten Thousand Dollars ($10,000.00) and maximum salary increase of 2 Forty Thousand Dollars ($40,000.00). 3 2. A teacher who works in a school with an enrollment of forty 4 percent (40%) or more of students who are economically disadvantaged 5 as defined in Section 18-109.5 of this title or a school district 6 with an enrollment of fewer than one thousand students shall be paid 7 a one-time award in addition to the salary increases provided in 8 paragraph 1 of this subsection: 9 a. One Thousand Five Hundred Dollars ($1,500.00) for an 10 advanced certificate, 11 b. Two Thousand Five Hundred Dollars ($2,500.00) for a 12 lead certificate, and 13 c. Five Thousand Dollars ($5,000.00) for a master 14 certificate. 15 3. School districts may identify and designate the highest 16 quality teachers for advanced, lead, and master certificates. 17 Participating districts shall submit designation plans to the State 18 Department of Education for evaluation and approval. Districts 19 shall have local control and flexibility in determining how to 20 evaluate teachers and assign designations, but, at a minimum, the 21 designation system shall include a teacher observation, out-of- 22 classroom time, and a student performance component. 23 a. Teacher observation shall be based on the district’s 24 selected Oklahoma Teacher and Leader Effectiveness Req. No. 2436 Page 7 1 Evaluation System (TLE) evaluation tool or an 2 alternate method of evaluation; provided, the method 3 is evidenced-based. Alternate methods of evaluation 4 shall not replace the requirements of Section 6-101.16 5 of this title. 6 b. Each school district that elects to participate in 7 assigning advanced, lead, and master teacher 8 certificates shall include an out-of-classroom 9 component for its assigned teachers to allow for 10 professional growth opportunities while staying in the 11 classroom. How out-of-classroom time is allotted and 12 managed shall be determined by the school district and 13 submitted as part of its designation plan to the State 14 Department of Education for review and approval. 15 c. Student performance measures may be determined by the 16 district and may include, but shall not be limited to, 17 pre- and post-tests, summative or formative, and 18 portfolios. The school district application shall 19 show evidence of validity and reliability of the 20 measures. 21 Districts may use additional factors in determining which 22 teachers are eligible to receive a designation, such as student 23 surveys, teacher leadership responsibilities, teacher mentorship 24 responsibilities, family surveys, demonstration of district core Req. No. 2436 Page 8 1 values, teacher peer surveys, and contributions to the broader 2 school community. No more than ten percent (10%) of each school 3 district’s teachers may be designated as an advanced, lead, or 4 master teacher in any given school year. 5 4. If a school district chooses to participate in this program, 6 the state shall match the amount the district pays provide the 7 increased salary amounts indicated for advanced, lead, and master 8 certificates in paragraph 1 of this subsection above the base pay, 9 up to Forty Thousand Dollars ($40,000.00) per teacher. 10 5. School districts that designate teachers for advanced, lead, 11 and master certificates do not have to participate in annual TLE 12 evaluations for the designated teachers. 13 6. School districts may designate teachers for advanced, lead, 14 or master certificates two times per year, once prior to the 15 beginning of the school year, and once prior to the beginning of the 16 second semester. Teachers statewide who receive these designations 17 shall be placed in professional development cohorts and provided 18 additional training opportunities from the State Department of 19 Education. 20 7. After initial approval by the State Department of Education, 21 the Department shall review and validate each participating school 22 district’s teacher evaluation system biennially. 23 8. The State Department of Education shall annually report the 24 school districts participating in the program, the number of Req. No. 2436 Page 9 1 advanced, lead, and master certificates awarded, and the total 2 amount in state match funding that was distributed to teachers from 3 the Teacher Empowerment Revolving Fund created in Section 6-190.2 of 4 this title. 5 9. The selection criteria; designation of advanced, lead, or 6 master teachers; and any associated salary increases shall not be 7 subject to collective bargaining. 8 J. The State Board of Education shall adopt rules to implement 9 a renewal schedule and associated fees for advanced, lead, and 10 master teaching certificates. The rules shall allow a teacher that 11 no longer meets the requirements of an advanced, lead, or master 12 teaching certificate to make application for the standard teaching 13 certificate. 14 K. The terms of the contracts issued to those holding advanced, 15 lead, and master teaching certificates shall include the following: 16 1. Advanced: an additional five (5) days to be used to 17 strengthen instructional leadership. A person with an advanced 18 teaching certificate shall receive an annual salary increase of at 19 least Three Thousand Dollars ($3,000.00) or the district’s daily 20 rate of pay, whichever is higher, in addition to the salary for 21 which the teacher qualifies pursuant to Section 18-114.14 Section 22 18-114.15 of this title. This increase shall be matched funded by 23 state dollars from the lottery funds as provided in Section 713 of 24 Req. No. 2436 Page 10 1 Title 3A of the Oklahoma Statutes and shall be paid as regular 2 annual compensation directly to teachers through school districts; 3 2. Lead: an additional ten (10) days to be used to strengthen 4 instructional leadership. A person with a lead teaching certificate 5 shall receive an annual salary increase of at least Five Thousand 6 Dollars ($5,000.00) or the district’s daily rate of pay, whichever 7 is higher, in addition to the salary for which the teacher qualifies 8 pursuant to Section 18-114.14 Section 18-114.15 of this title. This 9 increase shall be matched funded by state dollars from the lottery 10 funds as provided in Section 713 of Title 3A of the Oklahoma 11 Statutes and shall be paid as regular annual compensation directly 12 to teachers through school districts; and 13 3. Master: an additional fifteen (15) days to be used to 14 strengthen leadership. A person with a master teaching certificate 15 shall receive an annual salary increase of at least Ten Thousand 16 Dollars ($10,000.00) or the district’s daily rate of pay, whichever 17 is higher, in addition to the salary for which the teacher qualifies 18 pursuant to Section 18-114.14 Section 18-114.15 of this title. This 19 increase, up to Forty Thousand Dollars ($40,000.00), shall be 20 matched funded by state dollars from the lottery funds as provided 21 in Section 713 of Title 3A of the Oklahoma Statutes and shall be 22 paid as regular annual compensation directly to teachers through 23 school districts. 24 Req. No. 2436 Page 11 1 If a person with an advanced, lead, or master teaching 2 certificate changes school districts during the life of the