STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 2005	By:	Pittman

AS INTRODUCED

An Act relating to schools; recognizing the need to ensure that visually impaired and blind students are provided appropriate educational opportunities; amending 70 O.S. 2001, Section 6-185, as last amended by Section 1, Chapter 296, O.S.L. 2010 (70 O.S. Supp. 2010, Section 6-185), which relates to the competency-based teacher preparation system; requiring teacher preparation system to include competencies in vision matters; providing that competency examinations include certain material; amending 70 O.S. 2001, Section 13-102, which relates to the determination of eligibility for special education and related services; requiring reevaluation of blind or visually impaired children to include certain eye exam; requiring the multidisciplinary team evaluating a visually impaired or blind student to include certain person; requiring certain assessment and evaluation to be conducted by certain individuals; clarifying statutory language; requiring parents to be informed of educational services and placement options; amending 70 O.S. 2001, Section 13-105, which relates to qualifications of special education teachers and support personnel; directing the State Department of Education to offer certain training on visually impaired and blind students to certain school employees; requiring training be provided in a certain manner; amending Section 1, Chapter 160, O.S.L. 2006, as last amended by Section 88, Chapter 2, O.S.L. 2010 (70 O.S. Supp. 2010, Section 1210.284), which relates to requirements for vision screening of students; requiring vision screening of students during certain school grades; amending 70 O.S. 2001, Section 1210.508, as last amended by Section 1, Chapter 251, O.S.L. 2010 (70 O.S. Supp. 2010, Section 1210.508), which relates to the Oklahoma School Testing Program Act; requiring certain tests to be administered to visually impaired and blind students with certain accommodations; specifying certain accommodations; providing for codification; providing for noncodification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The Legislature recognizes that it is essential for the well-being and educational growth of students with visual impairment, including blindness, that education programs recognize the unique nature of visual impairment and ensure that all visually impaired and blind students, including those with additional disabilities, receive a full array and continuum of services, including services provided by a certified teacher of the visually impaired or a certified orientation and mobility specialist, as determined by assessment and delivered in the school district in which the child resides, unless declined by the parent and an alternative location is agreed upon by the parent.    
SECTION 2.     AMENDATORY    70 O.S. 2001, Section 6-185, as last amended by Section 1, Chapter 296, O.S.L. 2010  (70 O.S. Supp. 2010, Section 6-185), is amended to read as follows:
Section 6-185.  A.  The following competencies and methods shall be incorporated into the programs approved by the Oklahoma Commission for Teacher Preparation for the competency-based teacher preparation system provided for the Oklahoma Teacher Preparation Act:
1.  The teacher preparation system shall include, but not be limited to, the following competencies:
a.	excellence in the arts and sciences,
b.	an in-depth knowledge of the subject matter to be taught,
c.	the ability to identify and cultivate talent and potential in students,
d.	an understanding of child and human development,
e.	teaching skills developed through a variety of learning experiences,
f.	the ability to interact effectively with all students,
g.	skills necessary for working with parents, guardians and custodians of students in the education process,
h.	skills necessary to involve the community in education,
i.	skills to foster teamwork within and among schools,
j.	for administrators, skills necessary to be an effective leader of a school or school district, and
k.	skills in effective classroom management and student discipline, and
l.	an understanding of the state’s vision laws, vision screening practices, and children’s health issues related to vision;
2.  The preservice program shall include the following methods to achieve the competencies listed in paragraph 1 of this subsection:
a.	require teacher candidates to study arts and sciences at the undergraduate level,
b.	require secondary and elementary/secondary teacher candidates to have undergraduate majors, or their equivalents, in a subject area, and require teacher candidates in early childhood, elementary, and special education to have subject area concentrations which allow qualification as a generalist,
c.	require teacher candidates to study the individuality of students, the capacity of students to learn and the process of learning,
d.	integrate curriculum from other disciplines with the  education curriculum,
e.	require teacher candidates to have training experiences and personal contact with parents, guardians or custodians of school-age children,
f.	require teacher candidates to have community involvement experience,
g.	structure courses so as to require teamwork activities, and
h.	require teacher candidates to study, in existing coursework, substance abuse symptoms identification and prevention, mental illness symptoms identification and mental health issues, classroom management skills, and classroom safety and discipline techniques;
3.  The Oklahoma Commission for Teacher Preparation shall not require more than a four-year program of one hundred twenty-four (124) semester hours to complete a teacher education degree.  Provided, any program approved by the State Board of Education prior to July 1, 1995, which requires more hours may continue to require such hours.  Any program approved prior to July 1, 1995, which requires more than one hundred twenty-four (124) semester hours for a teacher education degree shall implement requirements for this program without additional hours.
B.  It is the intent of the Legislature that institutions of higher education which offer teacher education programs hold such programs accountable for meeting the licensure and certification competencies approved by the State Board of Education.  It is the intent of the Legislature that the teacher education programs incorporate a curriculum to achieve the competency-based system and include integration of the teacher preparation curricula with the arts and sciences departments curricula.  Each institution of higher education which seeks accreditation or approval for its teacher education program shall develop an institution plan which follows the State Board of Education competencies for licensure and certification.  In developing such institution plans, the higher education institution shall establish a process which seeks information and input from teacher preparation faculty, faculty from arts and sciences and other programs and disciplines which are appropriate, students within the teacher education program, teachers, administrators, parents, guardians or custodians of students and business and community leaders.  Each institution shall report annually to the Oklahoma Commission for Teacher Preparation the procedures used to inform the public regarding the institution's teacher education program and the manner through which public input is solicited and received.  The institution's plan shall be accessible to any interested party under the Oklahoma Open Records Act.  No institution of higher education's teacher education program shall be approved by the Commission unless the institution plan has been approved by that institution's governing board.  Initial institution plans shall be filed with the Oklahoma Commission for Teacher Preparation by January 1, 1997, and as required by the Commission thereafter.  The Oklahoma State Regents for Higher Education may facilitate the development of institution plans to assist institutions of higher education.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6-187A of Title 70, unless there is created a duplication in numbering, reads as follows:
Competency examinations for teachers and administrators shall include material related to vision health and vision screening practices.  
SECTION 4.     AMENDATORY     70 O.S. 2001, Section 13-102, is amended to read as follows:
Section 13-102.  A.  The determination whether a child is eligible for special education and related services shall be the responsibility of the multidisciplinary evaluation team of the school district in which such the child has legal residence in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 and the rules approved by the State Board of Education.  The eligibility of children with disabilities shall be reevaluated at least once every three (3) years or more frequently if conditions warrant or if the parent or teacher of the child requests an evaluation as required under the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476.  For children deemed blind or visually impaired, such reevaluation shall include an eye exam that is not less than one (1) year old prior to the reevaluation.  
B.  For the evaluation of a student with visual impairment, including blindness, the multidisciplinary evaluation team shall include a teacher certified in the education of students with visual impairments.  The assessment of functional vision shall be conducted by a teacher certified in the education of students with visual impairments or a certified orientation and mobility specialist.  The appropriate learning media for the student shall be conducted by a teacher certified in the education of students with visual impairment.  A functional vision evaluation and learning media assessment shall be completed at a minimum of once every three (3) years.  An orientation and mobility evaluation shall be conducted by a certified orientation and mobility specialist at a minimum of once every three (3) years.
C.  Any child determined to be eligible shall be permitted to receive such special education and related services for a minimum period of twelve (12) years.  Parents shall be informed of all educational services and placement options available with the state.  Successful completion of a secondary education program must shall be determined through the individualized education program (IEP) and transcript records of the student.  Eligibility for special education and related services shall cease upon a determination and documentation of graduation or completion of a secondary education program in accordance with the IEP.
SECTION 5.     AMENDATORY     70 O.S. 2001, Section 13-105, is amended to read as follows:
Section 13-105.  A.  The State Board of Education is hereby authorized in accordance with state and federal law to determine and prescribe the qualifications of all persons who teach children with disabilities, to define, classify and determine standards of eligibility of all children with disabilities to receive special education and related services, to fix minimum requirements for special education and related services of children with disabilities, and to make such rules as it deems necessary for the teaching of children with disabilities.
B.  The State Board of Education shall offer all support personnel, including but not limited to assistants who work with a trained paraprofessional or special education teacher for children with multiple disabilities or deaf-blindness, the same training and education as the trained paraprofessional is required to complete.
C.  The State Department of Education shall offer to all teachers, administrators, and support personnel who work with visually impaired or blind students training in aspects and issues of the visually impaired and how to provide appropriate and fully accessible educational opportunities to visually impaired or blind students.  The Department shall, if feasible, offer the training online through its website or by videoconferencing. 
SECTION 6.     AMENDATORY      Section 1, Chapter 160, O.S.L. 2006, as last amended by Section 88, Chapter 2, O.S.L. 2010  (70 O.S. Supp. 2010, Section 1210.284), is amended to read as follows:
Section 1210.284  A.  1.  The parent or guardian of each student enrolled in kindergarten at a public school in this state shall provide certification to school personnel that the student passed a vision screening within the previous twelve (12) months or during the school year.  Such screening shall be conducted by personnel listed on the statewide registry as maintained by the State Department of Health.
2.  The parent or guardian of each student enrolled in first or third through twelfth grade at a public school in this state shall provide within thirty (30) days of the beginning of the school year certification to school personnel that the student passed a vision screening within the previous twelve (12) months.  Such screening shall be conducted by personnel listed on the statewide registry as maintained by the State Department of Health.
3.  The parent or guardian of each student who receives a vision screening as required by this section shall receive notification that a vision screening is not the equivalent of a comprehensive eye exam.
B.  1.  The State Department of Health shall form an advisory committee comprised of:
a.	one licensed Oklahoma optometrist,
b.	one licensed Oklahoma ophthalmologist,
c.	the State Commissioner of Health, or designee,
d.	the State Superintendent of Public Instruction, or designee, and
e.	one representative of a statewide organization for the prevention of blindness.
2.  The advisory committee shall make recommendations to the State Board of Health on:
a.	standards for vision screening and referral,
b.	qualifications for initial recognition and renewal of recognition of vision screeners,
c.	qualifications for initial recognition and renewal of recognition of vision screener trainers,
d.	qualifications for initial recognition and renewal of recognition of trainers of vision screener trainers, and
e.	grounds for denial, refusal, suspension or revocation of recognition of vision screeners, vision screener trainers and trainers of vision screener trainers.
3.  The advisory committee shall provide to the Department a list of:
a.	qualified vision screeners,
b.	qualified vision screener trainers, and
c.	qualified trainers of vision screener trainers which are recognized by another state or national entity involved with vision screening with substantially similar published standards and qualifications.
4.  The Department shall:
a.	establish and thereafter maintain a statewide registry, available via the Internet, which shall contain a list of approved vision screeners,
b.	maintain a list of approved vision screener trainers and trainers of vision screener trainers, and
c.	maintain the standards for vision screening and referral.
5.  After notice and hearing, the Department may deny, refuse, suspend or revoke approval to an applicant which has a history of:
a.	noncompliance or incomplete or partial compliance with the provisions of this section or the rules adopted by the Board to implement the provisions of this section,
b.	referring persons to a business in which the applicant has a financial interest or a business which is owned or operated by someone within the third degree of consanguinity or affinity of the applicant, or
c.	conduct which demonstrates that the applicant is providing services in a manner which does not warrant public trust.
6.  The advisory committee may make recommendations to the Board for establishing a requirement for background checks and provide a listing of offenses that disqualify a vision screener, vision screener trainer or trainer of vision screener trainers for recognition pursuant to this section.
7.  The advisory committee may also serve as a sports eye-safety resource for Oklahoma K-12 public school districts and nonprofit community sports organizations by developing and providing educational materials to the school districts and organizations which detail the risk of eye injuries associated with different types of sports and the availability of protective eyewear that reduces the risk of eye injuries due to sports.
8.  The Board shall promulgate rules to implement the provisions of this section.
C.  1.  The parent or guardian of each student who fails the vision screening required in subsection A of this section shall receive a recommendation to undergo a comprehensive eye examination performed by an ophthalmologist or optometrist.
2.  The ophthalmologist or optometrist shall forward a written report of the results of the comprehensive eye examination to the student’s school, parent or guardian, and primary health care provider designated by the parent or guardian.  The report shall include, but not be limited to:
a.	date of report,
b.	name, address and date of birth of the student,
c.	name of the student’s school,
d.	type of examination,
e.	a summary of significant findings, including diagnoses, medication used, duration of action of medication, treatment, prognosis, whether or not a return visit is recommended and, if so when,
f.	recommended educational adjustments for the child, if any, which may include: preferential seating in the classroom, eyeglasses for full-time use in school, eyeglasses for part-time use in school, sight-saving eyeglasses, and any other recommendations, and
g.	name, address and signature of the examiner;
D.  No student shall be prohibited from attending school for a parent’s or guardian’s failure to furnish a report of the student’s vision screening or an examiner’s failure to furnish the results of a student’s comprehensive eye examination required by this section.
E.  School districts shall notify parents or guardians of students who enroll in kindergarten, first, or third grade for the 2007-08 school year and each year thereafter of the requirements of this section.
F.  The State Board of Education shall adopt rules for the implementation of this section except as provided in subsection B of this section.  The State Department of Education shall issue a report annually on the impact and effectiveness of this section.
SECTION 7.     AMENDATORY     70 O.S. 2001, Section 1210.508, as last amended by Section 1, Chapter 251, O.S.L. 2010 (70 O.S. Supp. 2010, Section 1210.508), is amended to read as follows:
Section 1210.508  A.  1.  The State Board of Education shall develop and administer a series of criterion-referenced tests designed to indicate whether the state academic content standards, as defined by the State Board of Education in the Priority Academic Student Skills Curriculum, which Oklahoma public school students are expected to have attained have been achieved.  The Board may develop and administer any criterion-referenced test in any subject not required by federal law, contingent upon the availability of funding.  Students who do not perform at least at the proficient level on tests shall be remediated, subject to the availability of funding.
2.  Contingent upon the availability of state and federal funds, the Board, in accordance with federal law, shall administer criterion-referenced tests for grades three and four in:
a.	reading, and
b.	mathematics.
3.  Contingent upon the availability of funds, the Board shall administer criterion-referenced tests for grade five in:
a.	reading,
b.	mathematics,
c.	science,
d.	social studies, which shall consist of the history, Constitution and government of the United States, and geography, and
e.	writing of English.
4.  Contingent upon the availability of state and federal funds, the Board, in accordance with federal law, shall administer criterion-referenced tests for grades six and seven in:
a.	reading, and
b.	mathematics.
In addition, the Board shall administer a criterion-referenced test in geography in grade seven.
5.  Contingent upon the availability of funds, the Board shall administer criterion-referenced tests for grade eight in:
a.	reading,
b.	mathematics,
c.	science,
d.	social studies, which shall consist of the history, Constitution, and government of the United States, and
e.	writing of English.
The Board shall administer the tests for grade eight in reading and mathematics online with raw score test results reported immediately and complete results reported in less than two (2) weeks beginning in the 2007-08 school year.
6.  Each student who completes the instruction for English II, English III, United States History, Biology I, Algebra I, Geometry, and Algebra II at the secondary level shall complete an end-of-instruction test, when implemented, to measure for attainment in the appropriate state academic content standards in order to graduate from a public high school with a standard diploma.  All students shall take the tests prior to graduation, unless otherwise exempt by law.  The State Board of Education shall administer the criterion-referenced tests.  The Board shall develop and field test the end-of-instruction tests in English III, Geometry, and Algebra II during the 2006-07 school year, implement the tests during the 2007-08 school year, and administer them each year thereafter.  The Board shall administer the multiple choice portion of the end-of-instruction tests online with raw score test results reported immediately and complete results reported in less than two (2) weeks beginning in the 2008-09 school year.
The end-of-instruction tests shall serve the purpose of the criterion-referenced tests as provided in paragraph 1 of this subsection.  The English II and English III end-of-instruction tests shall include a writing component.  Students who do not score at least at the proficient level shall be afforded the opportunity to retake each test up to three (3) times each calendar year until at least achieving at the proficient level.  In order to provide an indication of the levels of competency attained by the student in a permanent record for potential future employers and institutions of higher education, for students who enter the ninth grade in or prior to the 2007-08 school year, school districts shall report the highest achieved state test performance level on the end-of-instruction tests on the student’s high school transcript.  Beginning with students who enter the ninth grade in the 2008-09 school year, school districts shall report the student’s performance levels of proficient and above on the end-of-instruction tests and any business and industry-recognized endorsements attained on the student’s high school transcript.  Any student at the middle school level who completes the instruction in a secondary course specified in this paragraph shall be administered the appropriate end-of-instruction test.
7.  a.	Each school district shall administer to each student in the school district in grades three through eight an assessment designed to assess the student in the fine arts area in which the student has received instruction.
b.	Each school district shall prepare an annual report for approval by the State Board of Education outlining the fine arts assessment strategies used by the district, when the assessments were administered, how many students were assessed during the previous year, and the results of the assessments.
B.  1.  All criterion-referenced tests required by this section shall measure academic competencies in correlation with the state academic content standards adopted by the Board pursuant to Section 11-103.6 of this title and known as the Priority Academic Student Skills Curriculum.  The State Board of Education shall evaluate the academic content standards to ensure the competencies reflect high standards, are specific, well-defined, measurable, challenging, and will prepare elementary students for next-grade-level course work and secondary students for postsecondary studies at institutions of higher education or technology center schools without the need for remediation in core curriculum areas.  All state academic content standards shall reflect the benchmarks of the American Diploma Project and the goal of improving the state average ACT score.
2.  The State Department of Education shall annually evaluate the results of the criterion-referenced tests.  The State Board of Education shall ensure that test results are reported to districts in a manner that yields detailed, diagnostic information for the purpose of guiding instruction and student remediation.  As improvements are made to the criterion-referenced tests required by this section, the Board shall seek to increase the depth of knowledge assessed for each subject.  The State Board of Education shall seek to ensure that data yielded from the tests required in this section are utilized at the school district level to prescribe reinforcement and/or remediation by requiring school districts to develop and implement a specific program of improvement based on the test results.
3.  The State Board of Education in coordination with the Educational Quality and Accountability Board shall review, realign, and recalibrate, as necessary, the tests in reading and mathematics in third through eighth grade and the end-of-instruction tests.  The State Board of Education shall determine the cut scores for the performance levels on the end-of-instruction tests developed pursuant to paragraph 6 of subsection A of this section, which shall be phased in over a multi-year period.  The State Board of Education shall conduct an ongoing review to compare the end-of-instruction test content and performance descriptors with those of other states.  Upon receipt of the review, the State Board of Education may adjust the cut scores as necessary.
4.  The State Board of Education, for the purposes of conducting reliability and validity studies, monitoring contractor adherence to professionally accepted testing standards, and providing recommendations for testing program improvement, shall retain the services of an established, independent agency or organization that is nationally recognized for its technical expertise in educational testing but is not engaged in the development of aptitude or achievement tests for elementary or secondary level grades.  These national assessment experts shall annually conduct studies of the reliability and validity of the end-of-instruction tests administered pursuant to this section.  Validity studies shall include studies of decision validity, concurrent validity and the validity of performance level cut scores.
C.  1.  The State Board of Education shall set the testing window dates for each criterion-referenced test required in paragraphs 1 through 5 of subsection A of this section for grades three through eight so that, with the exception of the writing assessments, the tests are administered to students no earlier than April 10 each year and so that the test results are reported back to school districts in a timely manner.  Each criterion-referenced test required in paragraph 6 of subsection A of this section may be administered to students at a time set by the State Board of Education as near as possible to the end of the course; provided, if a school district is unable to administer the tests online to all students taking the test for the first time and all students retaking the test during the testing window time set by the Board, the school district may elect to administer any of the tests to students retaking the test at any time not more than two weeks prior to the start of the testing window time set by the Board.  All results and reports of the criterion-referenced test series required in paragraphs 1 through 5 of subsection A of this section for grades three through eight shall be returned to each school district prior to the beginning of the next school year.  The vendor shall provide a final electronic data file of all school site, school district, and state results to the State Department of Education and the Office of Accountability prior to September 1 of each year.  The Department shall forward the final data files for each school district and each school site in that district to the school district.  The Board shall ensure the contract with the testing vendor includes a provision that the vendor report test results directly to the Office of Accountability at the same time it is reported to the Board.
2.  State, district, and site level results of all tests required in this section shall be disaggregated by gender, race ethnicity, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student.  Each school site shall notify the student’s parents of the school’s performance levels in the Oklahoma School Testing Program as reported in the Oklahoma Educational Indicators Program at the end of each school year.
D.  The State Board of Education shall be responsible for the development, field-testing, and validation of the criterion-referenced test series required in subsection A of this section.  In the interest of economy the Board shall adapt criterion-referenced tests that have been developed by or in collaboration with other states or are otherwise commercially available, or portions of such tests, to the extent that such tests are appropriate for use in the testing program to be administered to Oklahoma students.
E.  The State Board of Education shall develop, administer, and incorporate as a part of the Oklahoma School Testing Program, other testing programs or procedures, including appropriate accommodations for the testing of students with disabilities as required by the Individuals with Disabilities Education Act (IDEA), 20 USC, Section 1400 et seq.  For students with visual impairment, including blindness, who have an individualized education program (IEP) pursuant to IDEA which requires assessments to be administered with accommodations, all criterion-referenced tests required by this section shall be administered to the student with the specific accommodations as provided for in the IEP.  Available accommodations for students with visual impairment shall include, but are not limited to, accessibility in the child’s learning media (tactile, visual, and auditory), considerations for special lighting, positioning of the student, and use of assistive devices such as a magnifier, color overlays, an abacus, a Brailler, and other devices as determined by the IEP team.  
SECTION 8.  This act shall become effective July 1, 2011.
SECTION 9.  It being immediately necessary for the preservation of the public peace, health and 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.

53-1-5403	AM	01/14/11