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