Bill Text For SB0229 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 229                         By: Montgomery of the Senate      |
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  |                                         and                           |
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  |                                         Hilbert of the House          |
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 6|       [ Teacher Due Process Act - teacher certification -             |
  |       effective date -                           emergency ]          |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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11|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 6-101.23, as   |
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12|amended by Section 1, Chapter 92, O.S.L. 2013 (70 O.S. Supp. 2020,     |
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13|Section 6-101.23), is amended to read as follows:                      |
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14|    Section 6-101.23.  A.  The dismissal, suspension and               |
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15|nonreemployment non-reemployment provisions of the Teacher Due         |
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16|Process Act of 1990 shall not apply to:                                |
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17|    1.  Substitute teachers;                                           |
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18|    2.  Adult education teachers; and                                  |
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19|    3.  Teachers who are employed on temporary contracts.              |
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20|    B.  The dismissal and suspension provisions of the Teacher Due     |
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21|Process Act of 1990 shall apply to teachers who are employed on        |
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22|temporary contracts for a complete school year and to teachers who     |
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23|are employed in positions fully funded by federal or private           |
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arsid4672826 (Floor Amendments Only)                               Page 1
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 1|categorical grants, except that such teachers shall be employed only   |
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 2|for the duration of the temporary contract or the grant.               |
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 3|    C.  The evaluation provisions in Sections 6-101.10 and 6-101.11    |
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 4|of this title and in the Teacher Due Process Act of 1990 shall apply   |
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 5|to teachers who are employed on temporary contracts for a complete     |
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 6|school year and to teachers who are employed in positions fully        |
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 7|funded by federal or private categorical grants, except that such      |
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 8|teachers shall be employed only for the duration of the temporary      |
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 9|contract or the grant.                                                 |
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10|    D.  Teachers other than those specifically excepted in             |
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11|subsection A of this section who are employed on contracts shall be    |
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12|afforded all substantive and procedural rights set forth in the        |
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13|Teacher Due Process Act of 1990 including the dismissal, suspension,   |
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14|and nonreemployment non-reemployment provisions applicable to          |
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15|probationary or career teachers as defined in Section 6-101.3 of       |
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16|this title.                                                            |
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17|    E.  On and after the effective date of this act July 1, 2013,      |
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18|any teacher who has worked a complete school year under a temporary    |
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19|contract in a school district shall be granted a year of service       |
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20|credit toward career status in that district.                          |
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21|    F.  No teacher shall be hired on a temporary contract by a         |
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22|school district for more than four semesters or on multiple            |
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23|temporary contracts by a school district that together are for more    |
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24|than four semesters, except for a:                                     |
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arsid4672826 (Floor Amendments Only)                               Page 2
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 1|    1.  Teacher hired to replace a teacher who is on an approved       |
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 2|leave of absence and who is expected to return to employment with      |
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 3|the school district; or                                                |
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 4|    2.  Teacher who is a retired member of the Teachers' Retirement    |
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 5|System of Oklahoma; or                                                 |
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 6|    3.  Teacher with an emergency or provisional certificate as        |
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 7|provided for in subsection F of Section 6-187 of this title.           |
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 8|    G.  No teacher shall be offered a temporary contract with a        |
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 9|school district without a full written disclosure at the time a        |
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10|position is offered by the administration of the school district       |
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11|which sets forth the terms and conditions of the temporary contract.   |
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12| In the event the school district fails to provide such written        |
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13|disclosure, the teacher shall be considered as employed on a           |
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14|continuing contract basis.                                             |
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15|    H.  On and after the effective date of this act July 1, 2013, no   |
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16|teacher who is employed on a continuing contract basis by a school     |
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17|district shall be reemployed on a temporary contract in that school    |
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18|district.                                                              |
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19|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 6-187, as      |
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20|last amended by Section 1, Chapter 139, O.S.L. 2020 (70 O.S. Supp.     |
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21|2020, Section 6-187), is amended to read as follows:                   |
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22|    Section 6-187.  A.  Prior to July 1, 2014, a competency            |
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23|examination shall be adopted by the Oklahoma Commission for Teacher    |
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24|Preparation and beginning July 1, 2014, a competency examination       |
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arsid4672826 (Floor Amendments Only)                               Page 3
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 1|shall be adopted by the Commission for Educational Quality and         |
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 2|Accountability for the general education, professional education and   |
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 3|various subject areas and grade levels for purposes of ensuring        |
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 4|academic achievement and competency of each teacher candidate or       |
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 5|teacher in the subject area the person is seeking certification to     |
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 6|teach which shall also include certification as an administrator, as   |
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 7|prescribed by the State Board of Education.                            |
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 8|    The Commission, consistent with the purposes of this section,      |
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 9|shall promulgate rules and procedures to guarantee the                 |
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10|confidentiality of examinations.                                       |
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11|    B.  No teacher candidate shall be eligible for certification       |
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12|until successfully completing the competency examination except        |
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13|those candidates who make application to the State Board and meet      |
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14|the criteria for the alternative placement program pursuant to         |
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15|Section 6-122.3 of this title.  Certification shall be limited to      |
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16|areas of approval in which the certified teacher has successfully      |
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17|completed the examination.  Subject to the provisions of subsection    |
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18|C of this section, testing for certification for subjects in which a   |
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19|teacher candidate or teacher is seeking a minor teaching assignment    |
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20|or an endorsement to teach shall be limited to the specific subject    |
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21|area test.                                                             |
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22|    A teacher candidate or teacher may take the general education,     |
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23|professional education or subject area portions of the examination     |
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24|subject to any limit imposed by the Commission.                        |
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arsid4672826 (Floor Amendments Only)                               Page 4
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 1|    C.  1.  Except as otherwise provided for in this subsection, a     |
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 2|teacher may be certified in as many areas as the teacher meets the     |
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 3|necessary requirements provided by law and has successfully            |
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 4|completed the subject area portion of the examination.                 |
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 5|    2.  Except as otherwise provided for in this paragraph,            |
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 6|certification in early childhood, elementary, or special education     |
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 7|shall require completion of an appropriate teacher education program   |
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 8|approved by the Commission.                                            |
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 9|    Any teacher who is certified to teach elementary education may     |
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10|be certified in early childhood education upon meeting the             |
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11|requirements provided in law and successful completion of the          |
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12|appropriate subject area portion of the examination.  Any teacher      |
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13|who is certified to teach early childhood education may be certified   |
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14|in elementary education upon meeting the requirements provided in      |
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15|law and successful completion of the appropriate subject area          |
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16|portion of the examination.  Any special education teacher who         |
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17|becomes certified to teach through completion of an accredited         |
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18|teacher preparation program may be certified in early childhood or     |
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19|elementary education upon meeting the requirements provided in law     |
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20|and successful completion of the appropriate subject portion of the    |
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21|examination.  Any teacher who becomes certified to teach through       |
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22|completion of an accredited teacher preparation program or becomes     |
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23|alternatively certified to teach through the Troops to Teachers        |
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24|program may be certified in special education upon meeting the         |
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arsid4672826 (Floor Amendments Only)                               Page 5
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 1|requirements provided in law and successful completion of the          |
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 2|appropriate subject area portion of the examination.  Any special      |
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 3|education teacher who has not completed a Commission-approved          |
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 4|teacher education program in elementary education or early childhood   |
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 5|education but who has successfully completed the subject area          |
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 6|portion of the examination may be certified in elementary education    |
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 7|or early childhood education for the purpose of providing direct       |
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 8|instruction and serving as the teacher of record for grading           |
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 9|purposes in special education settings only.                           |
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10|    D.  The Commission shall offer the competency examination at       |
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11|least four times per calendar year on dates to be established by the   |
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12|Commission.                                                            |
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13|    E.  If a teacher candidate or teacher is a non-native-English      |
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14|speaker, the Commission shall offer the subject area competency        |
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15|examination in the native language of the teacher candidate or         |
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16|teacher only if the teacher candidate or teacher is employed or has    |
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17|been offered employment by a school district as a teacher in a         |
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18|foreign language immersion program offered by the school district.     |
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19|If a non-native-English speaker who has received certification in a    |
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20|subject area after taking the subject area competency examination in   |
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21|the native language of the speaker seeks to add a certification area   |
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22|in the future and that person is no longer employed as a teacher in    |
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23|a foreign language immersion program, the examination for the          |
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24|additional certification area shall be taken in English.  The State    |
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arsid4672826 (Floor Amendments Only)                               Page 6
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 1|Board of Education shall issue a restricted license or certificate     |
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 2|to any teacher who has completed a subject area competency             |
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 3|examination in the native language of the teacher as provided for in   |
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 4|this subsection restricting the teacher to teaching only in a          |
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 5|foreign language immersion program.                                    |
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 6|    F.  1.  Nothing in the Oklahoma Teacher Preparation Act shall      |
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 7|restrict the right of the State Board of Education to issue an         |
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 8|emergency or provisional certificate, as needed.  Provided, however,   |
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 9|prior to the issuance of an emergency certificate, the district        |
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10|shall document substantial efforts to employ a teacher who holds a     |
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11|provisional or standard certificate.  In the event a district is       |
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12|unable to hire an individual meeting this criteria, the district       |
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13|shall document efforts to employ an individual with a provisional or   |
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14|standard certificate in another curricular area with academic          |
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15|preparation in the field of need.  Only after these alternatives       |
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16|have been exhausted shall the district be allowed to employ an         |
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17|individual meeting minimum standards as established by the State       |
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18|Board of Education for the issuance of emergency certificates.         |
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19|    2.  The State Board of Education may renew the emergency or        |
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20|provisional certificate of an individual who has been employed by a    |
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21|school district board of education for at least two (2) years if the   |
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22|following criteria are met:                                            |
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arsid4672826 (Floor Amendments Only)                               Page 7
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 1|         a.    the individual has been granted an emergency or         |
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 2|              provisional certificate pursuant to paragraph 1 of       |
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 3|              this subsection for two (2) years,                       |
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 4|         b.    the individual has not successfully completed the       |
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 5|              competency examinations required by this section,        |
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 6|         c.    the individual submits a portfolio of his or her work   |
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 7|              to the State Board of Education, which shall include     |
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 8|              evidence of progress toward standard certification,      |
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 9|         d.    the employing school district board of education        |
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10|              agrees to renew the individual's contract to teach for   |
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11|              the ensuing fiscal year, and                             |
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12|         e.    the superintendent of the employing school district     |
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13|              submits to the State Board of Education the reason the   |
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14|              emergency or provisional certificate should be renewed   |
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15|              and provides evidence of the district's inability to     |
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16|              hire a teacher who holds a standard certificate.         |
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17|    3.  The State Board of Education may renew for up to five (5)      |
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18|years the emergency or provisional certificate of an individual who    |
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19|meets the criteria of paragraph 2 of this subsection and who           |
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20|maintains a district evaluation rating of "effective" or higher        |
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21|pursuant to the provisions of Section 6-101.16 of this title.          |
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22|    4.  Individuals employed by a school district under an emergency   |
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23|or provisional certificate may be placed on a temporary contract       |
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24|beyond the four (4) semester limit imposed by subsection F of          |
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arsid4672826 (Floor Amendments Only)                               Page 8
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 1|Section 6-101.23 of this title and shall not be considered career      |
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 2|teachers and therefore not entitled to the protections of the          |
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 3|Teacher Due Process Act of 1990.                                       |
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 4|    SECTION 3.  This act shall become effective July 1, 2021.          |
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 5|    SECTION 4.  It being immediately necessary for the preservation    |
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 6|of the public peace, health or safety, an emergency is hereby          |
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 7|declared to exist, by reason whereof this act shall take effect and    |
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 8|be in full force from and after its passage and approval.              |
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 9|    Passed the Senate the 11th day of March, 2021.                     |
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  |                                    Presiding Officer of the Senate    |
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13|    Passed the House of Representatives the ____ day of __________,    |
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14|2021.                                                                  |
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  |                                     Presiding Officer of the House    |
17|                                                 of Representatives    |
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arsid4672826 (Floor Amendments Only)                               Page 9
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