ENGROSSED SENATE
BILL NO. 333	By:	Sparks of the Senate

			and

		Denney of the House

[ school improvement - creating the Terri Paden Equitable Recognition Act - Academic Achievement Award program - modifying employees - noncodification - effective date -		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:
This act shall be known as and may be cited the "Terri Paden Equitable Recognition Act".
SECTION 2.     AMENDATORY     Section 1, Chapter 466, O.S.L. 2005, as last amended by Section 1, Chapter 439, O.S.L. 2010 (70 O.S. Supp. 2010, Section 3-152.1), is amended to read as follows:
Section 3-152.1  A.  The State Board of Education shall develop an Academic Achievement Award (AAA) program.  The AAA program shall provide monetary awards to qualified employees at:
1.  The top school site that attains the highest overall student achievement as measured by the average of the last three reported Academic Performance Index (API) scores in each of the five groups based on average daily membership (ADM) as provided for in subsection D of this section;
2.  The top school site that attains the highest annual improvement in student achievement as measured by the average of the last three reported Academic Performance Index (API) scores in each of five groups based on average daily membership (ADM) as provided for in subsection D of this section;
3.  All school sites that attain an average API score of one thousand five hundred (1,500) for the last three reported API scores for regular education students tested; and 
4.  All school sites that attain the “Gold”, “Silver”, or “Bronze” levels as measured by an average API score as established in paragraph 6 of subsection B of this section for the last three reported API scores.
B.  1.  No later than March 31 of each year, the State Board of Education shall provide a monetary award to all qualified employees at school sites designated as recipients of the Academic Achievement Award as calculated pursuant to this section.
2.  The Board shall determine the amount of funds available for the AAA program, which shall include funds appropriated for the AAA program and may include other funds identified by the Board, which may be used for this purpose.  Each year, based on the amount of available funding, the Board shall provide awards to all qualified employees at school sites which have qualified for awards in each category in the following order, with awards being made for each subsequent category to as many school sites which have qualified for awards as can be funded with the remaining funds:
a.	paragraph 3 of this subsection,
b.	paragraph 4 of this subsection,
c.	paragraph 5 of this subsection,
d.	subparagraph a of paragraph 6 of this subsection,
e.	subparagraph b of paragraph 6 of this subsection, and
f.	subparagraph c of paragraph 6 of this subsection.
3.  The Board shall determine the top school site in each of the groups as designated in subsection D of this section that have achieved the highest overall student achievement as measured by the average of the last three reported API scores as calculated pursuant to Section 3-150 of this title.  
4.  The Board shall determine the top school site in each of the groups as designated in subsection D of this section that have achieved the highest annual average percentage improvement in student achievement as measured by the average of the last three reported API scores as compared to the previous three-year average of reported API scores.
5.  The Board shall determine the school sites that have an average API score of one thousand five hundred (1,500) for the last three reported API scores for regular education students tested.
6.  The Board shall determine the school sites that have an average API score for the last three reported API scores that meet the following levels:
a.	Gold level – an average API score between one thousand four hundred ninety-nine (1,499) and one thousand three hundred ninety-five (1,395), 
b.	Silver level – an average API score between one thousand three hundred ninety-four (1,394) and one thousand two hundred seventy-five (1,275), and 
c.	Bronze level – an average API score between one thousand two hundred seventy-four (1,274) and one thousand one hundred fifty-five (1,155).
7.  In the event of tie scores, the Board shall select the school site with the highest annual percentage improvement in student achievement as measured by the API score as compared to the previous year.  If a tie still exists, the Board shall select the school site with the highest annual percentage improvement in reading achievement as compared to the previous year as measured by the reading assessments administered pursuant to Section 1210.508 of this title.
8.  Any school site that qualifies for more than one award as provided for in paragraphs 3, 4, 5 and 6 of this subsection shall receive the award with the highest monetary amount the school site qualifies for as calculated pursuant to subsection C of this section, but in no case shall any school site receive more than one award.
C.  1.  The amount of monetary award to be paid to each qualified employee at each school site identified as an award recipient as determined pursuant to paragraphs 3 and 4 of subsection B of this section shall be Two Thousand Dollars ($2,000.00).
2.  The amount of monetary award to be paid to each qualified employee at each school site identified as having an average API score of one thousand five hundred (1,500) for the last three reported API scores for regular education students tested as determined pursuant to paragraph 5 of subsection B of this section shall be Two Thousand Dollars ($2,000.00).
3.  The amount of monetary award to be paid to each qualified employee at each school site identified as having attained the Gold, Silver, or Bronze levels as determined pursuant to paragraph 6 of subsection B of this section shall be as follows:
a.	One Thousand Dollars ($1,000.00) for each Gold level school, 
b.	Five Hundred Dollars ($500.00) for each Silver level school, and 
c.	Two Hundred Fifty Dollars ($250.00) for each Bronze level school.
D.  Groups shall be designated based on average daily membership (ADM) as follows:
1.  Group 1 - 0 to 135 ADM;
2.  Group 2 - 136 to 235 ADM;
3.  Group 3 - 236 to 345 ADM;
4.  Group 4 - 346 to 505 ADM; and
5.  Group 5 - 506 or more ADM.
E.  For purposes of this section, “qualified employees” means all certified personnel employed to serve as a teacher, principal, supervisor, administrator, counselor, librarian, or certified or registered nurse at a school site which has been identified as a recipient of an Academic Achievement Award for at least eighty-five (85) days or equivalent hours of the school year which is the last school year used to calculate the three-year average API score which is used to determine eligibility for an award.  Certified employees employed for at least one-half (1/2) but less than a full school day for the entire school year shall be qualified employees for purposes of this subsection.  Qualified employees who are employed on a full-time basis for at least one-half (1/2) but less than the entire school year or who are employed for at least one-half (1/2) but less than a full school day for the entire school year shall be eligible for monetary awards on a pro rata basis.  For charter schools formed and operated pursuant to the Oklahoma Charter School Act, qualified employees shall include all administrative and instructional personnel that meet the requirements of this subsection regardless of whether they are certified.  Qualified employees shall not include certified personnel who are employed at the school site in a noncertified position and the superintendent of the school district.  Qualified employees shall include the certified personnel employed at an elementary school site for at least eighty-five (85) days or equivalent hours of the school year if students who are enrolled at the elementary site were enrolled in an early elementary school site which contains only prekindergarten, kindergarten, first- or second-grade levels that qualifies for an award.  Qualified employees shall include the certified personnel employed at an early elementary school site which contains only prekindergarten, kindergarten, first- or second-grade levels for at least eighty-five (85) days or equivalent hours of the school year if students who were enrolled at the early elementary site are now enrolled at an elementary school site that qualifies for an award. 
F.  Qualified employees who are assigned to more than one school site which is identified as an award recipient shall qualify for only one award, which shall be the highest award the employee qualifies for.  For qualified employees who are employed as less than a one full-time-equivalent employee (FTE) by a school district and are assigned to a school site identified as an award recipient or who are employed as one FTE by a school district but are assigned as less than one FTE at a school site identified as an award recipient, the amount of the monetary award paid to the qualified employee shall be prorated based on the prior year final certified personnel FTE reported on the certified personnel report for the school site for the qualified employee.
G.  No school site or school district shall be liable for payment of awards pursuant to this section.  Awards shall not be included in the calculation of the salary of the teacher for purposes of meeting the district or statutory minimum salary schedule or for purposes of calculating Teachers’ Retirement System of Oklahoma contributions or benefits.
H.  The State Board of Education shall promulgate rules necessary for the implementation of this section.  The Board shall annually announce and recognize the school sites that have qualified for an award under the Academic Achievement Award program and shall post a list of the school sites on the Internet website for the State Department of Education.
SECTION 3.  This act shall become effective July 1, 2011.
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 16th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives