1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 526 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to teachers; amending 51 O.S. 2021,
7 Section 24A.7, as amended by Section 2, Chapter 307,
8 O.S.L. 2022 (51 O.S. Supp. 2022, Section 24A.7),
8 which relates to confidentiality of certain personnel
9 records; modifying language regarding confidentiality
9 of certain evaluation records; amending 70 O.S. 2021,
10 Section 5-141, which relates to school district
10 minimum salary schedules; removing language allowing
11 additional compensation for certain evaluation
11 ratings; updating statutory reference; updating
12 statutory language; amending 70 O.S. 2021, Section 5-
12 141.2, which relates to model incentive pay plans;
13 removing statutory reference; amending 70 O.S. 2021,
13 Section 5-141.4, which relates to teacher incentive
14 pay awards; removing language allowing an incentive
14 pay plan to be based on certain system; updating
15 statutory language; defining term; amending 70 O.S.
15 2021, Section 6-101.3, which relates to definitions
16 related to teachers; modifying definitions; amending
16 70 O.S. 2021, Section 6-101.10, which relates to
17 school district evaluation policies; allowing rather
17 than requiring certain policy; removing reference to
18 certain professional development; providing optional
18 criteria for certain policy; removing references to
19 implementation of the Oklahoma Teacher and Leader
19 Effectiveness Evaluation System; removing
20 requirements for certain professional development
20 policy; removing requirement for certain training;
21 allowing rather than requiring the State Department
21 of Education to conduct certain workshops; removing
22 language directing monitoring of certain compliance;
22 amending 70 O.S. 2021, Section 6-101.11, which
23 relates to copies of evaluations; providing statutory
23 reference; removing language regarding availability
24 of certain evaluation data; amending 70 O.S. 2021,
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 1 Section 6-101.13, which relates to due process
1 procedures; removing language allowing dismissal or
2 nonreemployment of a principal who receives certain
2 evaluation rating; amending 70 O.S. 2021, Section 6-
3 101.22, which relates to reasons to dismiss career
3 teachers; removing language requiring dismissal or
4 nonreemployment of teachers who receive certain
4 evaluation ratings; amending 70 O.S. 2021, Section 6-
5 101.23, which relates to inapplicability of certain
5 due process provisions; removing language requiring
6 application of certain evaluation provisions to
6 certain teachers; updating statutory references;
7 amending 70 O.S. 2021, Section 6-101.24, which
7 relates to identification of poor teacher
8 performance; removing language regarding actions to
8 be taken upon implementation of certain evaluation
9 system; allowing rather than requiring certain
9 recommendation for dismissal or nonreemployment;
10 providing statutory reference; amending 70 O.S. 2021,
10 Section 6-190, as amended by Section 3, Chapter 359,
11 O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-190),
11 which relates to contracting with teachers; removing
12 qualifications for certain teacher certificates
12 related to evaluation ratings; removing certain
13 exemption; updating statutory language; updating
13 statutory reference; repealing 70 O.S. 2021, Section
14 6-101.16, which relates to adoption of the Oklahoma
14 Teacher and Leader Effectiveness Evaluation System;
15 repealing 70 O.S. 2021, Section 6-101.31, which
15 relates to basing retention or reassignment decisions
16 on certain evaluation ratings; providing an effective
16 date; and declaring an emergency.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as
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21 amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022,
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22 Section 24A.7), is amended to read as follows:
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23 Section 24A.7. A. At the sole discretion of the public body, a
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24 public body may keep personnel records confidential:
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 1 1. Which relate to internal personnel investigations including
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2 examination and selection material for employment, hiring,
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3 appointment, promotion, demotion, discipline, or resignation; or
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4 2. Where disclosure would constitute a clearly unwarranted
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5 invasion of personal privacy such as employee evaluations, payroll
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6 deductions, employment applications submitted by persons not hired
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7 by the public body, and transcripts from institutions of higher
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8 education maintained in the personnel files of certified public
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9 school employees; provided, however, that nothing in this subsection
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10 shall be construed to exempt from disclosure the degree obtained and
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11 the curriculum on the transcripts of certified public school
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12 employees.
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13 B. All personnel records not specifically falling within the
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14 exceptions provided in subsection A or D of this section shall be
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15 available for public inspection and copying including, but not
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16 limited to, records of:
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17 1. An employment application of a person who becomes a public
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18 official;
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19 2. The gross receipts of public funds;
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20 3. The dates of employment, title, or position; and
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21 4. Any final disciplinary action resulting in loss of pay,
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22 suspension, demotion of position, or termination.
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 1 C. Except as may otherwise be made confidential by statute, an
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2 employee of a public body shall have a right of access to his own
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3 personnel file.
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4 D. The home addresses, home telephone numbers, Social Security
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5 numbers, private email addresses, and private mobile phone numbers
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6 of current and former public employees shall not be open to public
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7 inspection or disclosure; provided, however, that nothing in this
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8 subsection shall be construed to exempt from disclosure public
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9 records created using a private email address or private mobile
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10 phone.
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11 E. Except as otherwise required by Section 6-101.16 of Title 70
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12 of the Oklahoma Statutes, public Public bodies shall keep
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13 confidential all records created pursuant related to the Oklahoma
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14 Teacher and Leader Effectiveness Evaluation System (TLE) evaluations
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15 conducted pursuant to Section 6-101.10 of Title 70 of the Oklahoma
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16 Statutes which identify a current or former public employee and
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17 contain any evaluation, or observation or other TLE record of such
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18 the employee.
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19 SECTION 2. AMENDATORY 70 O.S. 2021, Section 5-141, is
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20 amended to read as follows:
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21 Section 5-141. A. Each school district of this state shall
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22 adopt a minimum salary schedule and shall transmit a copy of it to
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23 the State Board of Education within thirty (30) days after adoption.
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 1 A school district shall not calculate salaries of teachers solely as
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2 a proportion of the salaries of the administrators of the district.
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3 B. Districts shall be encouraged to provide compensation
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4 schedules to reflect district policies and circumstances, including
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5 differential pay for different subject areas and special incentives
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6 for teachers in districts with specific geographical attributes.
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7 Districts may also adopt a salary schedule that provides additional
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8 compensation for achieving certain ratings under the Oklahoma
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9 Teacher and Leader Effectiveness Evaluation System (TLE) as set
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10 forth in Section 6 of this act. Any salary schedule adopted by a
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11 district pursuant to this section shall not set salaries at amounts
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12 less than those set pursuant to Section 18-114.12 18-114.14 of this
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13 title.
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14 C. The State Department of Education shall compile a report of
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15 the minimum salary schedules for every school district in the state
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16 and shall submit the report to the Governor, Speaker of the House of
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17 Representatives, and President Pro Tempore of the Senate no later
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18 than December 15 of each year.
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19 D. Each school district shall file within fifteen (15) days of
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20 signing the contract, the employment contract of the superintendent
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21 of the school district with the State Department of Education. The
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22 Department shall keep all contracts available for inspection by the
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23 public. The school district shall not be authorized to pay any
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24 salary, benefits, or other compensation to a superintendent which
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 1 are is not specified in the contract on file and shall not pay
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2 administrators any amounts for accumulated sick leave that are not
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3 calculated on the same formula used for determining payment for
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4 accumulated sick leave benefits for other full-time employees of
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5 that school district and shall not pay administrators any amounts
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6 for accumulated vacation leave benefits that are not calculated on
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7 the same formula used for determining payment for accumulated
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8 vacation leave benefits for other twelve-month full-time employees
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9 of that school district.
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10 E. By October 1 of each year each district board of education
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11 shall prepare a schedule of salaries and fringe benefits paid
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12 administrators employed by the district, including a description of
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13 the fringe benefits. The schedule shall be a public record and
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14 shall be disclosed as required by the Oklahoma Open Records Act.
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15 The board shall file a copy of the schedule with the State
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16 Department of Education within one week of completion.
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17 F. For purposes of this section the term “administrator” shall
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18 include employees who are employed and certified as superintendents,
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19 assistant superintendents, principals, and assistant principals and
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20 who have responsibilities for supervising classroom teachers.
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21 SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-141.2, is
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22 amended to read as follows:
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23 Section 5-141.2. A. In addition to incentive pay plans
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24 authorized pursuant to Section 4 of this act, the The State Board of
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 1 Education shall develop not fewer than five different model
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2 incentive pay plans and shall distribute information about each plan
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3 to every school district board of education. No plan developed by
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4 the Board or implemented by a school district board of education
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5 shall permit payment in any one (1) year of incentives to any one
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6 teacher amounting to more than fifty percent (50%) of the regular
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7 salary of the teacher, exclusive of fringe benefits or extra duty
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8 pay. Any incentive pay award shall be an annual award and shall not
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9 be a part of a continuing contract of a teacher. Any incentive pay
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10 awards received shall be excluded from the compensation of a teacher
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11 for purposes of calculating retirement pursuant to the Teachers’
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12 Retirement System of Oklahoma and shall not be subject to taxes
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13 levied by the Federal Insurance Contributions Act (F.I.C.A.), to the
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14 extent an exemption is provided by federal law.
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15 B. A school district board of education may adopt an
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16 academically based, district incentive pay plan for the classroom
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17 teachers in the district. The district may adopt any incentive pay
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18 plan consistent with the requirements of this section, which may
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19 include any incentive pay plan developed by the State Board of
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20 Education pursuant to this section. The school district board of
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21 education shall appoint an advisory committee consisting of
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22 teachers, parents, business persons or farmers, and other local
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23 citizens to advise the board in formulating an incentive pay plan.
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24 Prior to the adoption of a plan, the board of education shall place
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 1 the plan on the school board agenda for public comment and shall
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2 submit the plan to the State Board of Education for final approval
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3 on or before March 1 prior to implementation of the plan during the
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4 succeeding school year. The board of education shall comply with
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5 the provisions of this subsection for any year a plan is to be
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6 modified.
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7 C. A school district shall be required to adopt and implement
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8 an academically based, district incentive pay plan for any school
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9 year following the receipt by the school district board of
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10 education, of a petition signed by twenty percent (20%) of the
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11 classroom teachers employed in the district which calls for the
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12 adoption of an incentive pay plan for the district.
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13 D. Student test scores shall not be the sole criterion for
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14 allocation of incentive pay under any plan developed or approved by
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15 the Board.
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16 E. For the purposes of this section only, “classroom teacher”
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17 shall mean any employee who holds certification and assignment
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18 outside the classification of administrator.
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19 F. The State Board of Education shall promulgate rules
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20 necessary for the effective implementation and administration of
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21 this section.
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22 G. Each school district board of education shall provide for a
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23 local evaluation committee which shall advise the board on which
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 1 teachers are to receive incentive pay awards and the amount of each
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2 incentive pay award according to the plan.
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3 H. Nothing herein shall preclude a school district from
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4 supplementing any monies appropriated to the district for the
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5 purposes of funding the incentive pay plan of the district with
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6 monies from the general fund for the district.
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7 SECTION 4. AMENDATORY 70 O.S. 2021, Section 5-141.4, is
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8 amended to read as follows:
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9 Section 5-141.4. A. 1. In addition to incentive pay plans
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10 authorized pursuant to Section 5-141.2 of this title, beginning with
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11 the 2012-13 school year, a school district may implement an
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12 incentive pay plan that rewards teachers who are increasing student
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13 and school growth in achievement.
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14 2. Teacher performance shall be measured using the Oklahoma
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15 Teacher and Leader Effectiveness Evaluation System (TLE) as set
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16 forth in Section 6-101.16 of this title.
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17 3. Individual teacher incentive pay awards shall be based upon:
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18 a. achieving either a “superior” or “highly effective”
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19 rating under the TLE, and
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20 b. grade level, subject area, or school level performance
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21 success.
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22 B. 1. Beginning with the 2012-13 school year, a school
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23 district may implement an incentive pay plan as authorized pursuant
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24 to this section.
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 1 2. For purposes of this section, “leader” means a principal,
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2 assistant principal or any other school administrator who is
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3 responsible for supervising classroom teachers.
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4 3. School leader effectiveness shall be measured using the
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5 Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as
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6 set forth in Section 6-101.16 of this title.
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7 4. Individual school leader incentive pay awards shall be based
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8 upon:
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9 a. achieving either a “superior” or “highly effective”
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10 ratin