Bill Text For HB1959 - Proposed Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 57th Legislature (2019)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 1959                  By: Provenzano of the House       |
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 5|                                         and                           |
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 6|                                         Pemberton of the Senate       |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 6-101.16, as last amended by Section 4,                 |
11|       Chapter 301, O.S.L. 2016 (70 O.S. Supp. 2018, Section           |
  |       6-101.16), which relates to the Oklahoma Teacher and            |
12|       Leader Effectiveness Evaluation System; allowing an             |
  |       exemption to certain evaluation for certain time                |
13|       period if a teacher receives certain rating for                 |
  |       certain number of years; requiring continued                    |
14|       participation in certain professional development               |
  |       programs; and providing an effective date.                      |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 6-101.16, as   |
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19|last amended by Section 4, Chapter 301, O.S.L. 2016 (70 O.S. Supp.     |
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20|2018, Section 6-101.16), is amended to read as follows:                |
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21|    Section 6-101.16.  A.  By December 15, 2011, the State Board of    |
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22|Education shall adopt a new statewide system of evaluation to be       |
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23|known as the Oklahoma Teacher and Leader Effectiveness Evaluation      |
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24|System (TLE).  The Board shall work cooperatively with school          |
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   Req. No. 2106                                                   Page 1
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 1|districts to incorporate the components of the TLE in all school       |
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 2|districts by the 2017-2018 school year as provided for in Section      |
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 3|6-101.10 of this title.                                                |
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 4|    B.  The TLE shall include the following components:                |
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 5|    1.  Annual evaluations that provide feedback to improve student    |
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 6|learning and outcomes, except as provided for in subsection C of       |
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 7|this section;                                                          |
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 8|    2.  A five-tier district evaluation rating system as follows:      |
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 9|         a.   superior,                                                |
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10|         b.   highly effective,                                        |
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11|         c.   effective,                                               |
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12|         d.   needs improvement, and                                   |
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13|         e.    ineffective;                                            |
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14|    3.  An evidence-based qualitative assessment tool for the          |
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15|teacher qualitative portion of the TLE that will include observable    |
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16|and measurable characteristics of personnel and classroom practices    |
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17|that are correlated to student performance success, including, but     |
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18|not limited to:                                                        |
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19|         a.   organizational and classroom management skills,          |
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20|         b.   ability to provide effective instruction,                |
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21|         c.   focus on continuous improvement and professional         |
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22|              growth,                                                  |
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23|         d.   interpersonal skills, and                                |
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24|         e.   leadership skills;                                       |
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   Req. No. 2106                                                   Page 2
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 1|    4.  An evidence-based qualitative assessment tool for the leader   |
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 2|qualitative portion of the TLE that will include observable and        |
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 3|measurable characteristics of personnel and site management            |
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 4|practices that are correlated to student performance success,          |
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 5|including, but not limited to:                                         |
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 6|         a.   organizational and school management, including          |
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 7|              retention and development of effective teachers and      |
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 8|              dismissal of ineffective teachers,                       |
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 9|         b.   instructional leadership,                                |
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10|         c.   professional growth and responsibility,                  |
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11|         d.   interpersonal skills,                                    |
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12|         e.   leadership skills, and                                   |
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13|         f.   stakeholder perceptions;                                 |
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14|    5.  An individualized program of professional development for      |
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15|all teachers and administrators as adopted by the school district      |
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16|board of education as set forth in subsection B of Section 6-101.10    |
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17|of this title;                                                         |
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18|    6.  For districts choosing to use, at their own expense,           |
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19|quantitative measures of teachers and leaders as part of the           |
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20|district evaluation rating, such measures shall include a minimum of   |
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21|one reliable, research-based measure as approved by the State Board    |
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22|of Education pursuant to subsection D of this section; and             |
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23|    7.  For all district evaluations, student performance, including   |
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24|performance on the statewide criterion-referenced tests if             |
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   Req. No. 2106                                                   Page 3
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 1|available, shall be discussed with the teacher and may be one of the   |
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 2|considerations for the teacher's district evaluation rating.           |
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 3|    C.  Career teachers receiving a district evaluation rating of      |
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 4|"superior" or "highly effective" under the TLE may be evaluated once   |
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 5|every three (3) years.                                                 |
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 6|    D.  By December 1, 2015, the Teacher and Leader Effectiveness      |
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 7|Commission shall recommend to the State Board of Education multiple    |
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 8|reliable, research-based measures to provide a quantitative            |
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 9|evaluation component for teachers.  The State Board of Education       |
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10|shall approve and publish a list of approved measures by February 1,   |
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11|2016.                                                                  |
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12|    E.  A school district with an average daily attendance of more     |
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13|than thirty-five thousand (35,000) which has incorporated              |
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14|quantitative components of the TLE into its evaluation system of       |
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15|teachers and administrators prior to the 2015-2016 school year may     |
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16|continue using its evaluation system, as defined by the school         |
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17|district's written policies, notwithstanding the provisions of this    |
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18|section and regardless of the State Board of Education's adoption of   |
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19|quantitative components pursuant to this section.                      |
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20|    F.  The State Department of Education shall provide to the         |
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21|Oklahoma State Regents for Higher Education and the Oklahoma           |
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22|Commission for Educational Quality and Accountability timely           |
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23|electronic data linked to teachers and leaders derived from the TLE    |
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24|for purposes of providing a basis for the development of               |
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   Req. No. 2106                                                   Page 4
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 1|accountability and quality improvements of the teacher preparation     |
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 2|system.  The data shall be provided in a manner and at such times as   |
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 3|agreed upon between the Department, the State Regents and the          |
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 4|Commission.                                                            |
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 5|    G.  For purposes of this section, "leader" means a principal,      |
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 6|assistant principal or any other school administrator who is           |
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 7|responsible for supervising classroom teachers.                        |
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 8|    H.  The State Department of Education shall keep all data          |
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 9|collected pursuant to the TLE and records of annual evaluations        |
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10|received pursuant to this section confidential.  Records created       |
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11|pursuant to this section which identify, in any way, a current or      |
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12|former public employee shall not be subject to disclosure under the    |
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13|Oklahoma Open Records Act.  Nothing in this subsection shall be        |
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14|construed to prohibit disclosure otherwise required by this section;   |
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15|provided, however, any provisions requiring disclosure of TLE          |
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16|records shall be construed narrowly and all individually identifying   |
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17|information shall be removed from such records to the fullest extent   |
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18|possible.                                                              |
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19|    I.  1.  Until November 1, 2022, a certified teacher subject to     |
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20|an individual annual evaluation pursuant to this section may be        |
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21|exempt from an evaluation if the teacher received an individual        |
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22|rating equivalent to "highly effective" or higher as provided for in   |
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23|paragraph 2 of subsection B of this section for two consecutive        |
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24|years.                                                                 |
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   Req. No. 2106                                                   Page 5
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 1|    2.  Teachers receiving an exemption as provided for in this        |
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 2|subsection shall still participate in programs of professional         |
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 3|development adopted by the school district board of education as       |
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 4|provided for in subsection B of Section 6-101.10 of this title.        |
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 5|    SECTION 2.  This act shall become effective November 1, 2019.      |
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 7|    57-1-2106      EB        3/20/2019 5:41:01 PM                      |
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   Req. No. 2106                                                   Page 6
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