Bill Text For SB2033 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 2033                        By: Coffee and Jolley of the      |
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 3|                                         and                           |
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 4|                                         Benge of the House            |
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 7|       [ schools - excluding incentive pay awards from                 |
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 8|         compensation - codification - effective date -                |
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 9|         emergency~]                                                   |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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13|    SECTION 1.     AMENDATORY     70 O.S. 2001, Section 5-141.2, is    |
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14|amended to read as follows:                                            |
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15|    Section 5-141.2.  A.  On Except as provided in Section 2 of this   |
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16|act, on or before September 1, 1990, the State Board of Education      |
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17|shall develop not fewer than five (5) different model incentive pay    |
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18|plans and shall distribute information about each plan to every        |
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19|school district board of education.  No plan developed by the Board    |
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20|or implemented by the local district school board shall permit         |
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21|payment in any one (1) year of incentives to any one teacher           |
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22|amounting to more than twenty percent (20%) fifty percent (50%) of     |
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23|said the teacher's regular salary, exclusive of fringe benefits or     |
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24|extra duty pay.  Any incentive pay award shall be an annual award      |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 1
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 1|and shall not be a part of a teacher's continuing contract.  Any       |
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 2|incentive pay awards received shall be excluded from such the          |
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 3|teacher's compensation for purposes of calculating retirement          |
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 4|pursuant to the Teachers' Retirement System of Oklahoma, established   |
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 5|in Section 17-102 of Title 70 of the Oklahoma Statutes this title      |
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 6|and shall not be subject to taxes levied by the Federal Insurance      |
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 7|Contributions Act (F.I.C.A.), to the extent such exemption is          |
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 8|provided by federal law.                                               |
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 9|    B.  Beginning with the 1991-92 school year, each school district   |
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10|board of education may adopt an academically based, district           |
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11|incentive pay plan for the district's classroom teachers.  The         |
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12|district may adopt any incentive pay plan consistent with the          |
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13|requirements of this section, which may include any incentive pay      |
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14|plan developed by the State Board of Education pursuant to this        |
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15|section.  The local district school board shall appoint an advisory    |
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16|committee consisting of teachers, parents, business persons or         |
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17|farmers and other local citizens to advise the board in formulating    |
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18|an incentive pay plan.  Prior to the adoption of such plan, the        |
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19|board of education shall place such plan on the school board agenda    |
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20|for public comment and shall submit the plan to the State Board of     |
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21|Education for final approval on or before March 1.  The board of       |
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22|education shall comply with the provisions of this subsection for      |
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23|any year a plan is to be modified.                                     |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 2
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 1|    C.  Beginning with the 1991-92 school year, a school district      |
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 2|shall be required to adopt and implement an academically based,        |
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 3|district incentive pay plan for any school year following the          |
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 4|receipt by the school district board of education, of a petition       |
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 5|signed by twenty percent (20%) of the classroom teachers employed in   |
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 6|the district which calls for the adoption of an incentive pay plan     |
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 7|for the district.                                                      |
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 8|    D.  Pupil test scores shall not be the sole criterion for          |
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 9|allocation of incentive pay under any plan developed or approved by    |
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10|the Board.                                                             |
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11|    E.  For the purposes of this section only, "classroom teacher"     |
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12|shall mean any employee who holds certification and assignment         |
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13|outside the classification of administrator.                           |
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14|    F.  The State Board of Education shall promulgate rules and        |
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15|regulations necessary for the effective implementation and             |
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16|administration of this section.                                        |
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17|    G.  Each local district board of education shall provide for a     |
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18|local evaluation committee which shall advise the board on which       |
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19|teachers are to receive incentive pay awards and the amount of each    |
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20|incentive pay award according to the plan.                             |
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21|    H.  Nothing herein shall preclude a school district from           |
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22|supplementing to any monies appropriated to such the district for      |
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23|the purposes of the district's incentive pay plan, monies from the     |
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24|district's general fund.                                               |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 3
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 1|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 2|in the Oklahoma Statutes as Section 5-141.4 of Title 70, unless        |
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 3|there is created a duplication in numbering, reads as follows:         |
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 4|    A.  1.  In addition to incentive pay plans authorized pursuant     |
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 5|to Section 5-141.2 of Title 70 of the Oklahoma Statutes, beginning     |
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 6|with the 2011-12 school year, a school district may implement an       |
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 7|incentive pay plan that rewards teachers who are effective at          |
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 8|increasing student and school growth in achievement.                   |
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 9|    2.  Teacher effectiveness measures shall include:                  |
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10|         a.        value-added student growth data, and                |
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11|         b.        an evidence-based performance rubric.               |
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12|    3.  The performance rubric shall include the following domains     |
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13|linked to student success:                                             |
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14|         a.        organizational and classroom management skills,     |
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15|         b.        ability to provide effective instruction,           |
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16|         c.        focus on continuous improvement and professional    |
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17|              growth,                                                  |
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18|         d.        interpersonal skills, and                           |
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19|         e.        leadership skills.                                  |
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20|    B.  1.  Beginning with the 2011-12 school year, a school           |
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21|district may implement an incentive pay plan that rewards principals   |
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22|and administrators who are effective at school growth in               |
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23|achievement.                                                           |
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24|    2.  Leader effectiveness measures shall include:                   |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 4
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 1|         a.        value-added school growth data,                     |
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 2|         b.        stakeholder perceptions, derived from parent,       |
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 3|              student, and teacher surveys, and                        |
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 4|         c.        leader evaluation results based on an               |
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 5|              evidence-based performance rubric.                       |
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 6|    3.  The performance rubric for principal and administrator         |
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 7|evaluations shall be research-based and consist of the following       |
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 8|domains linked to school success:                                      |
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 9|         a.        organizational and school management,               |
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10|         b.        instructional leadership,                           |
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11|         c.        professional growth and responsibility,             |
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12|         d.        interpersonal skills, and                           |
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13|         e.        leadership skills.                                  |
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14|    C.  Incentive pay plans implemented pursuant to subsections A      |
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15|and B of this section shall be based on teacher effectiveness and      |
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16|leader effectiveness measures and thresholds, developed through a      |
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17|collaborative planning process involving all stakeholders, including   |
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18|teachers.                                                              |
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19|    D.  Districts may develop and implement incentive pay systems      |
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20|for teaching in critical shortage subject areas, in low-performing     |
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21|schools, or in the subject areas of Science, Technology,               |
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22|Engineering, and Math (STEM).                                          |
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23|    E.  Prior to implementation of any incentive pay plan developed    |
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24|pursuant to this section, the district board of education shall        |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 5
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 1|place the plan on the agenda for public comment at a meeting of the    |
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 2|district board of education and shall submit the plan to the State     |
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 3|Board of Education for final approval.  The district board of          |
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 4|education shall comply with the provisions of this subsection for      |
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 5|any year a plan is to be modified.                                     |
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 6|    F.  Any incentive pay award shall be an annual award and shall     |
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 7|not be a part of an employee's continuing contract.  Any incentive     |
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 8|pay awards received shall be excluded from compensation for purposes   |
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 9|of calculating retirement pursuant to the Teachers' Retirement         |
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10|System of Oklahoma, established in Section 17-102 of Title 70 of the   |
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11|Oklahoma Statutes and shall not be subject to taxes levied by the      |
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12|Federal Insurance Contributions Act (F.I.C.A.), to the extent such     |
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13|exemption is provided by federal law.                                  |
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14|    SECTION 3.  This act shall become effective July 1, 2010.          |
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15|    SECTION 4.  It being immediately necessary for the preservation    |
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16|of the public peace, health and safety, an emergency is hereby         |
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17|declared to exist, by reason whereof this act shall take effect and    |
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18|be in full force from and after its passage and approval.              |
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19|    Passed the Senate the 9th day of March, 2010.                      |
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  |                                    Presiding Officer of the Senate    |
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23|    Passed the House of Representatives the ____ day of __________,    |
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24|2010.                                                                  |
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 6
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arsid4607397 ENGR. S. B. NO. 2033                                  Page 7
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