CCOSA & USSA Legislative Update

Friday, March 6, 2015

NOTE: The next CCOSA, OSSBA and USSA Legislative Briefing will be held on Tuesday, March 10, 2015 at the CCOSA Building at 9:00 a.m.

I. Mandates

a. HB 1290 by Rep. Dennis Casey (R) Morrison HB 1290 establishes the “School District Unfunded-Mandate Relief Program,” which empowers local school boards to avoid unfunded and underfunded state-imposed mandates created by state law. HB 1290 requires the SDE—no later than February 1 of each fiscal year—create and publish a list of all state-created mandates, associated State Board of Education rules, the amount of funding necessary to implement each mandate/associated rule, and the current level of funding provided by the Oklahoma Legislature to implement each mandate and associated rule. A mandate shall be deemed “underfunded” if the level of funding provided by the Legislature is at or below 75% of the funding necessary to implement the mandate as determined by the SDE; a mandate shall be deemed “unfunded” if the level of funding is at 0% of the funding necessary to implement the mandate. Upon approval of the local school board, a school district shall be deregulated from any unfunded/underfunded mandate placed upon the school district as listed by SDE publication.

HB 1290 passed the House A&B Education Committee on February 9 and was referred to the House Appropriations and Budget Committee on February 17, where it passed 21-3 with title stricken.

HB 1290 is set on the House floor agenda for Monday, March 9.

b. SB 239 by Sen. Ervin Yen (R) OKC SB 239 creates the Chase Morris Sudden Cardiac Arrest Prevention Act, which mandates the State Dept. of Health and State Dept. of Education to jointly develop and publicly post guidelines and other relevant informative materials to inform students wishing to participate in athletic activity about the risks of sudden cardiac arrest.

SB 239 passed the Senate Education committee on February 23 by a vote of 13-0 and passed the Senate floor on March 5 by a vote of 32-7. The measure will now be engrossed and sent to the House.

c. SB 21 by Sen. Mark Allen (R) Spiro

SB 21 creates the Religious Viewpoints Antidiscrimination Act, which prohibits discrimination of students’ expression of religion at school. The Attorney General will be responsible for providing defense for any legal challenges related to SB 21.

SB 21 passed the Senate Judiciary committee on February 24 by a vote of 7-2 and is now eligible to be heard on the Senate floor.

d. SB 674 by Sen. Jim Halligan (R) Stillwater

SB 674 creates the “24/7 Tobacco-free Schools Act,” prohibiting the use of tobacco products in or on an educational facility that offers an early childhood education program or in which children in grades kindergarten through twelve are educated. The use of a tobacco product shall also be prohibited in school vehicles and at any school-sponsored or school-sanctioned event or activity.

SB 674 passed the Senate Education committee on February 16 and passed the Senate floor on February 26 by a vote of 32-11. The measure will now be engrossed and sent to the House.

II. Charters/ESA/Vouchers/Private Management

a. HB 1691 by Rep. Lee Denney (R) Cushing HB 1691 permits the board of education in a school district with an ADM of 30,000 or more located in a county of more than 500,000 residents to contract with a public or private non-sectarian entity to provide educational and administrative services for the school district. HB 1691 provides flexibility for eligible districts by allowing them to contract with entities to provide a wide range of educational services while exempting these contracted services and service providers from statutes and rules relating to schools, boards of education, and school districts to the same

extent that a charter school is exempt under the Oklahoma Charter Schools Act.

HB 1691 passed the House Common Education on Monday, February 23 by a vote of 16-0. The measure is set on the House floor agenda for Monday, March 9.

b. SB 302 by Sen. Kyle Loveless (R) Oklahoma City

SB 302 amends the Oklahoma Charter Schools Act to permit a federally-recognized Indian tribe to sponsor a charter school, provided the charter school is located within the former reservation or treaty areas of the tribe or on property held in trust by the Bureau of Indian Affairs (BIA).

SB 302 passed the Senate Education committee on February 23 by a vote of 9-4. Title is off the bill, and it is now eligible to be heard on the Senate floor.

c. SB 505 by Sen. Gary Stanislawski (R) Jenks

SB 505 creates the “Statewide Virtual Charter School Board Revolving Fund,” which will not be subject to fiscal year limitations. Funds garnered will be received by the SVCSB from State Aid, and may be budgeted and expended by the SVCSB for the purpose of supporting its mission.

SB 505 passed the Senate Education committee on February 9 and was sent to the Senate Appropriations committee.

SB 505 passed Senate Appropriations on February 18 by a vote of 32-3. Both title and emergency clause were stricken. The measure then passed the Senate floor by a vote of 36-8, and will now be engrossed and sent to the House.

d. SB 783 by Sen. Clark Jolley (R) Edmond

SB 783 pertains to charter schools and state aid. It specifies that for purposes of calculating state aid, a charter school shall be allowed to receive funds for facility use, acquisition, and/or maintenance.

SB 783 has passed the Senate Education and Appropriation committees with the title and emergency clauses stricken. The measure is now eligible to be heard on the Senate floor.

e. SB 609 by Sen. Clark Jolley (R) Edmond

SB 609 creates the Oklahoma Education Empowerment Scholarship Act. The Act creates an ESA program for providing qualified students—students not enrolled in an Oklahoma public school—a scholarship

savings card to be used for educational expenses. The measure does not include any income cap eligibility criteria. Eighty percent of money dedicated to a student’s education using State Aid factors would follow the student into the ESA program, while the remaining twenty percent of monies would remain in the public school district to be used at the district’s discretion.

SB 609 passed the Senate Education committee on February 16 by a vote of 6-3, and was heard by the Senate Finance committee on February 24, where it passed by a vote of 8-6. The measure is now eligible to be heard on the Senate floor. Please continue to contact your senators and ask them to vote no on this bill!

SB 609 has been amended to exclude homeschooled students and to change the definition of “qualified student” to a student who has previously been enrolled in an Oklahoma public school district. The amendment also clarifies that local ad valorem funding and federal funding are excluded from the funding allotted to students via the voucher program.

f. HB 1696 by Rep. Lee Denney (R) Cushing

HB 1696 modifies the Oklahoma Charter Schools Act. It removes population and ADM requirements for charter school authorizers—allowing existing charter authorizers to sponsor charters anywhere in the state. It adds the State Board of Education to the list of possible charter schools sponsors, and requires sponsors give priority to opening charter schools that serve at-risk student populations.

HB 1696 also provides stronger accountability mechanisms for existing and new charter schools—sponsors should consider a host of factors in determining the potential success of a charter school—including evidence of academic success based on student performance data, financial and operational success, a well-supported growth plan, etc. The bill also adds new requirements to the charter application process and adds to the list of required powers/duties of charter school sponsors.

HB 1696 requires the State Board of Education, beginning in the 2016-2017 school year, to establish a list of public schools ranked from top to bottom by A-F school grades and identifying charter schools ranked in the bottom 5% of all schools. A charter school ranked in the bottom 5% of public schools in the state shall not have its charter renewed by the sponsor.

HB 1696 was heard by the House Common Education Committee on Tuesday, February 24. The bill was amended by committee substitute and passed by a vote of 11-1. It is set on the House floor agenda for Monday, March 9.

g. SB 782 by Sen. Clark Jolley (R) Edmond SB 782 modifies criteria for charter school sponsors by expanding the list of charter authorizers—allowing statewide expansion—and increasing accountability standards for charter school applicants. The bill outlines the powers and duties of charter school sponsors and prohibits the operation of a charter school without an executed charter school contract.

SB 782 passed the Senate Education committee by a vote of 9-4 and passed Senate Appropriations by a vote of 26-26.

Title is off the bill, and it is now eligible for a hearing on the Senate floor.

III. Curriculum/RSA/Testing/A-F

a. SB 706 by Sen. John Ford (R) Bartlesville SB 706 delays further implementation of TLE until the 2017-2018 school year in order to give the State Board of Education time to further study continued implementation of TLE to produce a system that promotes professional growth for teachers and leaders.

SB 706 passed the Senate Education committee on February 23 by a vote of 12-0 and passed the Senate Appropriations committee on February 25 by a vote of 40-0. The measure is now eligible to be heard on the Senate floor.

b. SB 707 by Sen. John Ford (R) Bartlesville

SB 707 directs the State Board of Education, in consultation with the State Regents for Higher Education, the Commission for Educational Quality and Accountability, Career Tech, and the Oklahoma Department of Commerce, to adopt requirements for high school graduation. The measure also amends current law to allow the State Board of Education flexibility in approving the use of ACT or other assessments not solely controlled by the state for the purpose of determining college and career readiness.

SB 707 passed the Senate Education committee on February 23 by a vote of 11-1 and passed the Senate Appropriations committee on February 25

by a vote of 37-6. The measure is now eligible for consideration on the Senate floor.

SB 707 is set on the Senate floor agenda for Monday, March 9. Please contact your senator today and urge him/her to support SB 707 and common sense testing for Oklahoma students!!!

c. SB 708 by Sen. John Ford (R) Bartlesville

SB 708 provides that the State Board of Education shall not administer any criterion-referenced test for grades three through eight in any subject not required by federal law.

SB 708 passed the Senate Education committee on February 16 by a vote of 9-0 and passed Senate Appropriations on February 25 by a vote of 40-3.

Title has been stricken, and the bill is set on the Senate floor agenda for Monday, March 9.

d. SB 784 by Sen. Clark Jolley (R) Edmond

SB 784 permits the State Board of Education to adopt a common assessment used by the Institutions of Higher Education to be the indicator of whether a student has demonstrated mastery of subject matter to earn a high school diploma. The bill also allows the Regents for Higher Education and the Office of Educational Quality and Accountability and State Board of Education to determine a cut score for the assessment, as well as alternative means for a diploma.

SB 784 passed the Senate Education committee on February 23 by a vote of 9-2. It passed the Senate Appropriations committee on February 25 by a vote of 32-4 and is now eligible to be heard on the Senate floor.

e. SB 785 by Sen. Clark Jolley (R) Edmond

SB 785 relates to the Reading Sufficiency Act by extending the Student Reading Proficiency Team through the year 2019-2020. Beginning with the 2015-2016 school year, a student who is identified at any point of the academic year as having a reading deficiency shall be entitled to intensive remediation in reading until the student is able to demonstrate proficiency in reading at the grade level in which the student is enrolled. Beginning in first grade, a student who scores unsatisfactory on a screening instrument, and a second grader who scores unsatisfactory or limited knowledge, shall be entitled to intensive remediation with a plan developed by a Reading Proficiency Team consisting of:

a. the parent(s) and/or guardian(s) of the student, b. the teacher assigned to the student who had responsibility for reading instruction in that academic year, c. a teacher in reading who teaches in the subsequent grade level, d. the school principal, and e. a certified reading specialist, if one is available.

SB 785 further adds the category of “limited knowledge” to 3rd graders who would not be able to be promoted absent qualifying for an exception or “probationary promotion.”

SB 785 passed the Senate Education committee on February 23 by a vote of 11-0. It passed the Senate Appropriations committee on February 25 by a vote of 35-0 and is now eligible to be heard on the Senate floor.

f. HB 1268 by Rep. Dennis Casey (R) Morrison

HB 1268 adds an alternative method of demonstrating satisfactory knowledge of financial literary for certain IEP students with the most significant cognitive disabilities.

HB 1268 passed the House Common Education committee on February 24, and passed the House floor on March 3 by a vote of 94-0. The measure has been engrossed and sent to the Senate.

g. SB 162 by Sen. Jim Halligan (R) Stillwater

SB 162 directs the State Board of Education to promulgate rules providing exemptions from mandated tests required by the Oklahoma School Testing Program Act for students with the most significant cognitive disabilities.

SB 162 passed the Senate Education committee on February 16 as a committee substitute, and passed the Senate Appropriations committee on February 25 by a vote of 36-1.

The measure is set on the Senate floor agenda for Monday, March 9.

h. SB 285 by Sen. John Ford (R) Bartlesville SB 285 directs the State Board of Education to align standards for early childhood education programs with the newly adopted standards currently being developed.

SB 285 passed the Senate Education committee on February 9 and passed the Senate floor on February 25 by a vote of 39-8. The measure has been engrossed and sent to the House.

i. SB 630 by Sen. John Ford (R) Bartlesville

SB 630 amends the Reading Sufficiency Act. The bill directs schools to provide intensive reading remediation for students identified at any point in the academic year as having a reading deficiency. SB 630 also provides that for every first and second grade student who scores below proficient on an RSA screening instrument, an intensive remediation plan shall be created for that student by a “Student Reading Proficiency Team” composed of the student’s parent(s)/guardian(s), a teacher assigned to that student as well as a reading teacher from the subsequent grade level, and a reading specialist, if one is available.

SB 630 removes the principal from the Student Reading Proficiency Team, but allows the principal (along with the school district superintendent) to approve all requests for probationary promotion by the Student Reading Proficiency Team.

SB 630 passed the Senate Education Committee on February 16 by a vote of 10-0 and passed Senate Appropriations on February 25 by a vote of 39-0.

SB 630 is set on the Senate floor agenda for Monday, March 9. j. HB 1523 by Rep. Katie Henke (R) Tulsa

HB 1523 amends RSA by removing the sunset provision regarding certain years that a student may be evaluated for probationary promotion by a Student Reading Proficiency Team. The amendment would make the Student Reading Proficiency Team a permanent fixture of RSA.

HB 1523 passed the House Common Education committee on February 23 by a vote of 10-5. The measure is now eligible to be heard on the House floor.

k. HB 1535 by Rep. Todd Thomsen (R) Ada

HB 1535 requires school districts to implement an ongoing diagnostic testing program for all students in kindergarten through third grade, using screening instruments approved by the State Board of Education. The measure also provides that in addition to end-of-instruction tests, each student in eleventh grade may take the ACT—and that the State Board of Education shall promulgate rules for the proper administration of the ACT test. Students who do not score at the proficient level on any EOI test shall be provided remediation and intervention, and these students may take the ACT Compass college placement test in the

appropriate subject area in order to determine the remediation or intervention to be provided to each student.

HB 1535 passed the House Common Education committee on February 25 by a vote of 9-6. The measure is now eligible to be heard on the House floor.

l. HB 1589 by Rep. Ann Coody (R) Lawton

HB 1589 adds a fourth year of math to high school graduation requirements that must be met in order to obtain a standard diploma. The additional unit of math may come from any math course already approved in state statute, as well as any career technology education course in which mathematic skills are applied. The provisions of this bill are subject to the availability of funding.

HB 1589 passed the House Common Education committee on February 25 by a vote of 16-0.

HB 1589 was considered on the House floor on Thursday, March 5, where it failed to pass by a vote of 32-50.

m. HB 1622 by Rep. David Derby (R) Owasso

HB 1622 amends the Oklahoma School Testing Program Act. The measure changes the type of tests required to be administered to students, opening the door for the Iowa Testing Program or other similar program to replace current CRT and EOI assessments. The measure also limits the number of state-mandated tests required and provides that students do not have to meet a minimum score on the chosen tests in order to graduate.

HB 1622 passed the House Common Education committee on February 23 by a vote of 12-3 and is now eligible to be heard on the House floor.

n. HB 1690 by Rep. Lee Denney (R) Cushing

HB 1690 states that the academic performance of certain students receiving long-term or short-term rehabilitative services in a pediatric hospital or medical care setting shall be reported separately and shall not be included when determining the grade of the school site.

HB 1690 passed the House Common Education and the Rules committees, and passed the House floor on March 3 by a vote of 93-0. The measure has been engrossed and sent to the Senate.

o. HB 1763 by Rep. John Enns (R) Enid HB 1763 requires school districts to adopt a grading policy for all students attending public schools in that district and tasks the State Department of Education with promulgating rules for monitoring school district compliance. The measure also provides a provisional diploma option, to be established by the State Board of Education, for students who fail to achieve a proficient score on four of seven EOI exams after retaking each test three times.

HB 1763 passed the House Common Education committee on February 25 by a vote of 11-5.

HB 1763 was considered on the House floor on Wednesday, March 4, where it failed to pass by a vote of 32-51.

p. HB 1380 by Rep. Dan Fisher (R) El Reno

HB 1380 directs the State Board of Education to adopt a US History program and corresponding assessment to replace the current AP US History course and test. HB 1380 also states that the SBE shall not reward any grants or funding for any educational purposes related to the current AP US History course until the College Board changes the framework for the course and reverts back to the course framework and examination that were used prior to the 2014-2015 school year.

HB 1380 passed the House Common Education committee on February 16 along party-line votes and is now eligible to be heard on the House floor.

Following national and local media attention, as well as a flood of calls/email in opposition to the measure, Representative Fisher has agreed to work with Superintendent Hofmeister to rework the language of the bill to ensure that it does not inadvertently ban the teaching of all AP coursework in Oklahoma.

IV. Funding

a. HB 1682 by Rep. Lee Denney (R) Cushing

HB 1682 creates the “Securing Educational Excellence Fund,” which would guarantee annual funding increases to schools, through the state aid formula, only after the Department of Transportation ROADS Fund is fully funded at the current commitment level of $575 million.

The bill will be heard in the House Appropriations and Budget Subcommittee on Education on Monday, February 16 at 10:30 a.m.

Educators must remain united and focused on the end goal – getting more funding for schools directly from the state through the funding formula!

Clearly state we aren’t after the roads money (they need 2.5 more years)

HB 1682 passed the House A&B Education committee on February 17 by a vote of 9-0 and is now eligible to be heard on the House floor.

b. HB 1822 By Rep. Scott Martin (R) Norman

HB 1822 creates the “Teacher Retention and Compensation Act of 2015”—which is the vehicle for Superintendent Hofmeister’s #okhigh5 teacher retention and pay raise plan. HB 1822 increases the current minimum salary schedule for teachers by $2,000 for the 2015-2016 school year, with further increases to the salary schedule of $500 a year for the next four years—for a total of $5,000 increased salary over five years. HB 1822 also adds two additional instructional days (or the equivalent number of hours for schools using the hours calendar) to the 2015-2016 school calendar, with an additional instructional day added in each of the consecutive three school years, for a total of 185 instructional days by the 2018-2019 school year. HB 1822 also provides a 6% increase in pay for all school support employees.

HB 1822 passed the House A&B Education committee as a committee substitute on February 17 by a vote of 9-0 and is now eligible to be heard on the House floor.

c. HB 1498 by Rep. Dennis Casey (R) Morrison

HB 1498 defines the phrase “per pupil expenditure” to mean “the aggregate current expenditures of school districts from all funding sources including federal funds plus direct support aggregate current expenditures of the state for the day-to-day operations of schools and school districts from all funding sources including federal funds divided by the aggregate number of students in average daily membership to whom school districts in the state provide a public education for the same fiscal year for which the expenditures are determined.”

HB 1498 passed the House rules committee on February 18 by a vote of 6-1 and is now eligible to be heard on the House floor.

d. HB 1749 by Rep. Tom Newell (R) Seminole

HB 1749 prohibits state agencies, including public school districts, from making payroll deductions on behalf of a state employee for membership

dues in any public employee association or organization that collectively bargains on behalf of its membership.

HB 1749 passed the House floor as amended by a vote of 59-39. It has been engrossed and sent to the Senate.

V. Teacher/Employee Issues

a. SB 706 by Sen. John Ford (R) Bartlesville SB 706 delays further implementation of TLE until the 2017-2018 school year in order to give the State Board of Education time to further study continued implementation of TLE to produce a system that promotes professional growth for teachers and leaders.

SB 706 passed the Senate Education committee on February 23 by a vote of 12-0 and passed the Senate Appropriations committee on February 25 by a vote of 40-0.

The measure is set on the Senate floor agenda for Monday, March 9.

b. SB 5 by Sen. Ron Sharp (R) Shawnee SB 5 amends current law to provide that no education employee or school volunteer is liable for the use of reasonable force to control or discipline a student while school is in attendance, or during school transit.

SB 5 passed the Senate floor on February 25 by a vote of 46-1. The measure has been engrossed and sent to the House.

c. SB 20 by Sen. Ron Sharp (R) Shawnee

SB 20 amends the teacher certification statute as it relates to out-of-state certification. SB 20 permits the State Board of Education to issue an Oklahoma teaching certificate to a person who holds a valid out-of-state certificate. The teaching certificate shall be for the subject and grade level areas most closely aligned with the subject area and grade levels of the out-of-state certificate. Teachers who meet these requirements and have at least five years of teaching experience out-of-state shall not be required to take any competency exams for the subject area/grade levels most closely aligned with those recognized on the out-of-state certificate. SB 20 directs that recipients of these certificates are still subject to a criminal history record check conducted by the OSBI.

SB 20 passed the Senate Education committee on February 16 by a vote of 9-0 and was heard on the Senate floor on February 25, where it passed by a vote of 47-0.

VI. Elections

a. HB 1275 by Rep. Josh Cockroft (R) Tecumseh HB 1275 moves school board elections to the first Tuesday of April in odd-numbered years and moves run-off elections to the second Tuesday in June of that year. The bill also changes the filing date from December to February.

HB 1275 passed the House Elections and Ethics committee on February 4 and was heard on the House floor on February 16.

HB 1275 was amended on the House floor to change elections to every year, rather than the originally-proposed odd-numbered years. The amendment also provides that the names of the two candidates receiving the highest number of votes at the primary election shall appear on the general election ballot in April.

The measure passed the House floor as amended, by a vote of 63-30, and has now been engrossed and sent to the Senate, where it has been referred to the Rules committee.

b. HB 1440 by Rep. Chad Caldwell (R) Enid HB 1440 implements term-limits for school board members. The bill provides that except for the chair of the board, any member of a five-member or seven-member board of education elected to office after the effective date of this act shall be eligible to serve no more than sixteen cumulative years on one board of education. Years of service need not be consecutive in determining the total number of years in office.

HB 1440 passed the House Elections and Ethics committee on February 11 and is set on the House floor agenda for Monday, March 9.

c. HB 1442 by Rep. Chad Caldwell (R) Enid HB 1442 states that if after the filing period is closed and no candidate for an open position on a board of education of a school district has filed, the vacancy will be filled by appointment by the board. The person appointed will not be required to reside in the board or election district but will be required to reside in the school district.

HB 1442 passed the House Elections and Ethics committee on February 11 and passed the House floor on February 26 by a vote of 65-24. The emergency clause failed to pass. The measure has been engrossed and sent to the Senate.

d. HB 2209 by Rep. William Fourkiller (D) Stillwell HB 2209 states that any person who resides in a dependent school district who is the parent or legal guardian of a student who begins to attend a school located in an independent school district will be allowed to vote in the elections for members of the school board of the independent school district and in any election for the approval or modification of an ad valorem tax levy imposed or to be imposed by the independent school district for any period of time during which the student is attending a school in the independent school district.

HB 2209 passed the House Elections and Ethics committee on February 18 by a vote of 5-2 and is now eligible to be heard on the House floor.

VII. OK PTA Rally for Public Education is March 30th

Our Message: Common Sense Testing Recruiting and Retaining Quality Teachers

CCOSA, USSA, OSSBA, OROS, OEA, and OkACTE have voted to support the Rally!

CCOSA and USSA urge our members to make plans to turn out school, engage your community stakeholders and parents – let’s work together to provide a Brighter Future for Oklahoma’s students, their teachers and schools!

RESOURCES: Oklahoma Legislature: http://www.oklegislature.gov/index.aspx Text of Bills: http://www.oklegislature.gov/BasicSearchForm.aspx Contact Your Legislator: http://www.oklegislature.gov/FindMyLegislature.aspx Contact Governor Fallin: http://www.ok.gov/governor/Contact_the_Governor/index.html Contact Superintendent Hofmeister: http://www.ok.gov/sde/webform/contact CCOSA Website: www.ccosa.org Follow CCOSA on Twitter: www.twitter.com/ccosa Follow USSA on Twitter: www.twitter.com/ussa10