ENGROSSED SENATE
BILL NO. 207	By:	Ford of the Senate

			and

		Coody of the House

An Act relating to schools; amending 70 O.S. 2011, Sections 6-101.10 and 6-101.16, which relate to teacher evaluations; removing deadlines for certain evaluations; changing the frequency of evaluations; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 6-101.10, is amended to read as follows:
Section 6-101.10.  A.  Each school district board of education shall maintain and annually review, following consultation with or involvement of representatives selected by local teachers, a written policy of evaluation for all teachers and administrators.  In those school districts in which there exists a professional negotiations agreement made in accordance with Sections 509.1 et seq. of this title, the procedure for evaluating members of the negotiations unit and any standards of performance and conduct proposed for adoption beyond those established by the State Board of Education shall be negotiable items.  Nothing in this section shall be construed to annul, modify or to preclude the renewal or continuing of any existing agreement heretofore entered into between any school district and any organizational representative of its employees.  Every policy of evaluation adopted by a board of education shall:
1.  Be based upon a set of minimum criteria developed by the State Board of Education, which by no later than the 2013-14 school year, shall be revised and based upon the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) developed by the State Board of Education as provided in Section 6 6-101.16 of this act title;
2.  Be prescribed in writing at the time of adoption and at all times when amendments to the policy are adopted.  The original policy and all amendments to the policy shall be promptly made available to all persons subject to the policy;
3.  Provide that all evaluations be made in writing and that evaluation documents and responses thereto be maintained in a personnel file for each evaluated person;
4.  Provide that every probationary teacher be evaluated at least two times per school year, once prior to November 15 and once prior to February 10 of each year once during the fall semester and once during the spring semester;
5.  Provide that every teacher be evaluated once every year, except as otherwise provided by law for career teachers receiving a "superior" or "highly effective" rating under the TLE, who may be evaluated once every two (2) years; and
6.  Provide that, except for superintendents of independent and elementary school districts and superintendents of area school districts, who shall be evaluated by the school district board of education, all certified personnel shall be evaluated by a principal, assistant principal, or other trained certified individual designated by the school district board of education.
B.  All individuals designated by the school district board of education to conduct the personnel evaluations shall be required to participate in training conducted by the State Department of Education or training provided by the school district using guidelines and materials developed by the State Department of Education prior to conducting evaluations.
C.  The State Department of Education shall develop and conduct workshops pursuant to statewide criteria which train individuals in conducting evaluations.
D.  The State Board of Education shall monitor compliance with the provisions of this section by school districts.
E.  Refusal by a school district to comply with the provisions of this section shall be grounds for withholding State Aid funds until compliance occurs.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 6-101.16, is amended to read as follows:
Section 6-101.16.  A.  By December 15, 2011, the State Board of Education shall adopt a new statewide system of evaluation to be known as the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE).
B.  The TLE shall include the following components:
1.  A five-tier rating system as follows:
a.	superior,
b.	highly effective,
c.	effective,
d.	needs improvement, and
e.	ineffective;
2.  Annual evaluations that provide feedback to improve student learning and outcomes, except as provided for in subsection C of this section;
3.  Comprehensive remediation plans and instructional coaching for all teachers rated as needs improvement or ineffective;
4.  Quantitative and qualitative assessment components measured as follows:
a.	fifty percent (50%) of the ratings of teachers and leaders shall be based on quantitative components which shall be divided as follows:
(1)	thirty-five percentage points based on student academic growth using multiple years of standardized test data, as available, and
(2)	fifteen percentage points based on other academic measurements, and
b.	fifty percent (50%) of the rating of teachers and leaders shall be based on rigorous and fair qualitative assessment components;
5.  An evidence-based qualitative assessment tool for the teacher qualitative portion of the TLE that will include observable and measurable characteristics of personnel and classroom practices that are correlated to student performance success, including, but not limited to:
a.	organizational and classroom management skills,
b.	ability to provide effective instruction,
c.	focus on continuous improvement and professional growth,
d.	interpersonal skills, and
e.	leadership skills;
6.  An evidence-based qualitative assessment tool for the leader qualitative portion of the TLE that will include observable and measurable characteristics of personnel and site management practices that are correlated to student performance success, including, but not limited to:
a.	organizational and school management, including retention and development of effective teachers and dismissal of ineffective teachers,
b.	instructional leadership,
c.	professional growth and responsibility,
d.	interpersonal skills,
e.	leadership skills, and
f.	stakeholder perceptions; and
7.  For those teachers in grades and subjects for which there is no state-mandated testing measure to create a quantitative assessment for the quantitative portion of the TLE, an assessment using objective measures of teacher effectiveness including student performance on unit or end-of-year tests.  Emphasis shall be placed on the observed qualitative assessment as well as contribution to the overall school academic growth.
C.  Career teachers receiving a "superior" or "highly effective" rating under the TLE may be evaluated once every two (2) years.
D.  The Teacher and Leader Effectiveness Commission shall provide oversight and advise the State Board of Education on the development and implementation of the TLE.
D. E.  The State Department of Education shall provide to the Oklahoma State Regents for Higher Education and the Oklahoma Commission for Teacher Preparation timely electronic data linked to teachers and leaders derived from the TLE for purposes of providing a basis for the development of accountability and quality improvements of the teacher preparation system.  The data shall be provided in a manner and at such times as agreed upon between the Department, the State Regents and the Commission.
E. F.  For purposes of this section, "leader" means a principal, assistant principal or any other school administrator who is responsible for supervising classroom teachers.
SECTION 3.  This act shall become effective July 1, 2013.
SECTION 4.  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.
Passed the Senate the 27th day of February, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives