TEACHERS
2022 Okla. Sess. Law Serv. Ch. 359 (H.B. 4388) (WEST)
2022 Okla. Sess. Law Serv. Ch. 359 (H.B. 4388) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 359
H.B. No. 4388
TEACHERS
An Act relating to teachers; amending 3A O.S. 2021, Section 713, which relates to the Oklahoma Education Lottery Act; requiring proceeds in excess of certain annual amount be deposited into certain fund; updating references; creating the Teacher Empowerment Revolving Fund for the State Department of Education; providing for expenditures; providing purpose of fund; amending 70 O.S. 2021, Section 6–190, which relates to criteria for issuing teaching certificates; removing language establishing criteria for lead and master teaching certificates; allowing the State Board of Education to establish advanced, lead, and master teaching certificates; establishing minimum salary increase for certificates; prescribing additional one-time award for certain teachers; directing school districts to identify and designate teachers for certificates; requiring submission of designation plans to the State Department of Education for evaluation and approval; providing minimum requirements for district designation system; authorizing use of additional factors; requiring state funding match; exempting certain teachers from certain annual evaluations; prescribing frequency and timing of designation; providing for professional development cohorts and additional training; requiring biennial review of certain evaluation system; requiring annual report on program; prescribing and modifying contract terms for teachers with advanced, lead, and master certificates; clarifying certain funding is a state match for local funds; modifying school year in which certificates are to be made available; updating statutory citations; providing for codification; providing an effective date; and declaring an emergency.
SUBJECT: Teachers
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 3A § 713 >>
SECTION 1. AMENDATORY 3A O.S. 2021, Section 713, is amended to read as follows:
Section 713. A. All gross proceeds shall be the property of the Oklahoma Lottery Commission. From its gross proceeds, the Commission shall pay the operating expenses of the Commission. At least forty-five percent (45%) of gross proceeds shall be made available as prize money. However, the provisions of this subsection shall be deemed not to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the Commission in setting the terms of its lottery or lotteries.
B. The Oklahoma Lottery Commission shall submit a written report of its findings and any recommendations regarding the impact of removing the requirement that net proceeds shall equal at least thirty-five percent (35%) of the gross proceeds. The report shall be submitted to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Oklahoma State Senate not later than October 1, 2020, and annually thereafter.
C. There is hereby created in the State Treasury a fund to be designated the “Oklahoma Education Lottery Trust Fund”. Except as otherwise provided in subsections I H and J I of this section, on or before the fifteenth day of each calendar quarter, the Commission shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of all net proceeds accruing during the preceding calendar quarter. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. Upon their deposit into the State Treasury, any monies representing a deposit of net proceeds shall then become the unencumbered property of this state, and neither the Commission nor the board of trustees shall have the power to agree or undertake otherwise. The monies shall be invested by the State Treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the fund provided for in subsection C of this section.
a. forty-five percent (45%) for the following:
b. forty-five percent (45%) for the following:
c. five percent (5%) to the School Consolidation and Assistance Fund. When the total amount in the School Consolidation and Assistance Fund from all sources equals Five Million Dollars ($5,000,000.00), all monies appropriated pursuant to this paragraph subparagraph which would otherwise be deposited in the School Consolidation and Assistance Fund in excess of Five Million Dollars ($5,000,000.00) shall be allocated by the State Department of Education to public schools based on the audited end-of-year average daily membership in grades 8 through 12 during the preceding school year for the purpose of purchasing technology equipment. If at any time the total amount in the School Consolidation and Assistance Fund drops below Five Million Dollars ($5,000,000.00), the monies appropriated pursuant to this paragraph subparagraph shall be deposited in the School Consolidation and Assistance Fund until the Fund again reaches Five Million Dollars ($5,000,000.00);, and
d. five percent (5%) to the Teachers' Retirement System Dedicated Revenue Revolving Fund.
In no instance shall the annual maximum percentage for administrative costs, not including marketing and advertising costs, funds set aside for prizes, commissions paid to retailers, contract fees paid to gaming system vendors and instant ticket providers or emergency-related capital expenses, exceed three percent (3%) of sales.
E. The Legislature shall appropriate funds from the Oklahoma Education Lottery Trust Fund only for the purposes specified in subsection E D of this section. Even when funds from the trust fund are used for these purposes, the Legislature shall not use funds from the trust fund to supplant or replace other state funds supporting common education, higher education, or career and technology education.
The monies in the fund shall be invested by the State Treasurer in accordance with state investment practices. All earnings attributable to such investments shall likewise accrue to the credit of the fund.
1. Beginning in July of the fiscal year in which appropriations are made to common education from the Oklahoma Education Lottery Trust Fund, the Commission, on or before the ninth day of each month, shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of net proceeds accruing during the preceding month equal to the amount of total monthly collections due to common education as required by subparagraph a of paragraph 1 of subsection E D of this section;
2. The Director of the Office of Management and Enterprise Services shall allocate the transfers provided for in paragraph 1 of this subsection to the State Department of Education on a monthly basis, not to exceed one-twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education Lottery Trust Fund of net lottery proceeds made pursuant to this subsection shall not exceed the total appropriations made to common education from the Oklahoma Education Lottery Trust Fund for the specific fiscal year.
1. Beginning in July of the fiscal year in which appropriations are made to The Oklahoma State System of Higher Education from the Oklahoma Education Lottery Trust Fund, the Commission, on or before the ninth day of each month, shall transfer to the State Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, the amount of net proceeds accruing during the preceding month equal to the amount of total monthly collections due to the Oklahoma State Regents for Higher Education as required by subparagraph b of paragraph 2 1 of subsection E D of this section;
2. The Director of the Office of Management and Enterprise Services shall allocate the transfers provided for in paragraph 1 of this subsection to the Oklahoma State Regents for Higher Education on a monthly basis, not to exceed one-twelfth (1/12) of the annual apportionment for the fiscal year; and
3. The total amount of transfers to the Oklahoma Education Lottery Trust Fund of net lottery proceeds made pursuant to this subsection shall not exceed the total appropriations made to The Oklahoma State System for Higher Education from the Oklahoma Education Lottery Trust Fund for the specific fiscal year.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 6–190.2 of Title 70, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 70 § 6–190.2 >>
A. There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the “Teacher Empowerment Revolving Fund”. The revolving fund shall be a continuing fund, without legislative appropriation, not subject to fiscal year limitations, and shall be under the control and management of the State Department of Education. Expenditures from the Teacher Empowerment Revolving Fund shall be budgeted and expended as provided for in subsection B of this section.
B. The State Department of Education shall utilize the funds for the program outlined in Section 6–190 of Title 70 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 Teacher Empowerment Revolving Fund shall serve as a state match to local dollars each school district contributes to its advanced, lead, and master teachers as provided in Section 713 of Title 3A of the Oklahoma Statutes.
<< OK ST T. 70 § 6–190 >>
SECTION 3. 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 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 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 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 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:
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 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).
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 performance component.
a. Teacher 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 method is evidenced-based. Alternate methods of evaluation shall not replace 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 State Department of Education for review and approval.
c. Student performance measures may be determined by the district and 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 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. 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.
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 supplement increase 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 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; and
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.
SECTION 4. This act shall become effective July 1, 2022.
SECTION 5. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved May 26, 2022.
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