Summer 2016 Oklahoma School Board Journal

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Summer 2016 Volume XIV • No. 2

A Publication of the Oklahoma State School Boards Association



Summer 2016 Volume XIV • No. 2

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Shawn Hime: What's Your Vision?

Presidential Ponderings: The Most Important Thing

Leading with Vision: 2016 OSSBA/CCOSA Conference

Leading with Vision: 2016 OSSBA/CCOSA Conference Registration Form

3rd Annual Dr. Bob Mooneyham Memorial Scholarship Golf Tournament

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Shawn Hime Executive Director and Editor Christy Watson Director of Communications and Marketing and Editor Kelly Ross Marketing Coordinator and Design Editor Official publication of Oklahoma State School Boards Association, Inc. 2801 N. Lincoln Boulevard, Ste. 125 Oklahoma City, Oklahoma 73105 (405) 528-3571 • (888)528-3571 toll-free (405) 528-5695 fax www.ossba.org ISSN 0748-8092 The Oklahoma State School Boards Association, publisher of The Oklahoma School Board Journal, reserves the right to accept or reject any material, editorial or advertisement submitted to the Journal for publication. Advertisements appearing in the Journal do not necessarily reflect an endorsement by the OSSBA of the advertised materials or services.

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OSSBA Staff Named to National Leadership Posts

Oklahoma Library of Digital Resources

It's Policy: Board of Education Meetings

55th Oklahoma Legislature (2016) Legislative Update

OSSBA Partners

Do You Need an Architect?

Support Sought for Penny Sales Tax Campaign

Board Member Spotlight: Don Tice, Oologah-Talala Public Schools 1


Mike Mullins - President Sand Springs Roger Edenborough - President-Elect Goodwell Don Tice - First Vice President Oologah-Talala Roy Justice - Second Vice President Mannsville Dr. Floyd Simon, Jr. - Immediate Past President Clinton John D. Tuttle - NSBA President Kellyville

Region 1 Mike Ray, Guymon Roger Edenborough, Goodwell

Region 9 Dr. Floyd Simon, Jr., Clinton James Smith, Leedey

Region 2 Terry Graham, Burlington Wesley Crain, Fargo

Region 10 Beth Schieber, Okarche Jackie McComas, Anadarko

Region 3 Willa Jo Fowler, Enid Cheryl Lane, Frontier

Region 11 Jared Turner, Flower Mound Karol Haney, Cache

Region 4 Mike Mullins, Sand Springs Ruth Ann Fate, Tulsa Cheryl Kelly, Broken Arrow

Region 12 Ed Tillery, Whitebead Joe Don Looney, Pauls Valley

Region 5 Don Tice, Oologah-Talala Rodney Schilt, Adair

Region 6 Dr. Dan Snell, Norman Frances Percival, Millwood Ron Millican, Oklahoma City

Region 7 John D. Tuttle, Kellyville Keith Sandlin, Shawnee

Region 8 Brenda Barney, Wagoner W. Scott Abbott, Fort Gibson

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Region 13 Roy Justice, Mannsville Mike Mathis, Madill

Region 14 Brent Bolen, Idabel Darrell Ward, Denison

Region 15 Glen Cosper, Moore Norman Tech. Center Dustin Tackett, Caddo-Kiowa Tech. Center


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You can learn more about OSSBA’s Continuous Strategic Improvement service at www.ossba.org/csi.

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Shawn Hime, OSSBA Executive Director

I know that must seem like a piein-the-sky question. This has not been the year anyone in education hoped for or imagined a year ago. School district leaders went into the 2015-2016 school year with cautious optimism. By the time January rolled around, revenue failures began dominating the headlines and decimating school budgets. Public education in Oklahoma is woefully underfunded; the teacher shortage, growing class sizes and lack of resources are evidence. Underfunding makes the job of providing a high-quality education for all students more difficult but no less important.

skills are most valuable? What do school buildings of the future look like, and what’s the role of technology? How do we recruit and retain the best teachers and administrators? What are we doing well, and where are opportunities for growth? The answers to these types of questions create a shared vision and can be transformed from dreams to a plan for the future. The results are important: •

• This is a difficult time to dream. The teacher and staff layoffs at many schools are demoralizing — for those let go and those left behind. Districts will start a new school year with less money compared to a year ago despite having more students. Schools will become even more reliant on their communities to help fill critical gaps, even though communities suffer, too, amid employee downsizing. But as I think about the nearly 700,000 children in our public schools, I’m convinced there’s never been a more important time for local districts to engage the community and dream together about the future. There’s never a wrong time to tackle important questions: What are your community’s academic goals for students? What knowledge and

The vision becomes the district’s guidepost, driving financial, staffing and programming decisions even in a budget crisis. Engaging the community encourages ownership of the vision and empowers community members to become more involved. Community members who better understand the district’s strengths and challenges and who are invested in the district’s success are positioned to become powerful advocates — both locally and at the state Capitol.

Over the last several months, I’ve seen this play out in a powerful way in Duncan. Last fall, the Oklahoma State School Boards Association partnered with the K20 Center at the University of Oklahoma to launch the Continuous Strategic Improvement service. This new offering is an outgrowth of For the People: A Vision for Oklahoma Public Education, the two-year effort to

create a unified vision for schools with heavy emphasis on districtlevel transformation. Duncan was the first school district to launch its CSI initiative. Educators, school board members, parents, business leaders and other communities spent several months reviewing survey responses related to the planning effort, studying student achievement data and dreaming about the future. They answered two key questions: Where do we want to go and how do we get there? I encourage you to read Duncan’s strategic plan at www.ossba.org/ csi. Just a few highlights include the district’s plan to phase in standards-based grading, a greater focus on STEM areas, aligning teacher training with strategic goals, developing a teacher mentor program, increasing technology and conduct a facility review related to maintenance, safety and the ability of current facilities to meet academic needs. Wagoner Public Schools also recently completed its CSI initiative, and the final report is available on the OSSBA website. Strategic planning is also under way in Clinton and Sayre. The excitement in these communities as they imagine the future is a reminder our students can’t wait for an economic turnaround; this is their time to learn and grow. Be visionary. Dream big. Students are counting on us. 

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Mike Mullins, OSSBA President and Sand Springs Board Member

Presidential Ponderings

The Most Important Thing Thank you to all members of boards of education throughout Oklahoma. There is no greater service than to give your time and energy to support public education in Oklahoma. Thank you to all teachers, administrators, support staff and others who serve the children in our state. With the many distractions that come the way of educational issues, it is important to remember the single and foremost purpose of our public schools: provide an adequate and responsible education to all children and provide them with the ability and knowledge to become responsible, productive citizens. Just as our predecessors provided that opportunity to us, it is our responsibility and obligation to provide Oklahoma children the best education opportunities possible. This can best happen in the classroom, with highly effective and caring teachers, administrators and support personnel. These people touch the lives of the children daily and help mold the next generation. Recently, there have been many distractions that seem to have the motive of discrediting public education. In Oklahoma, many legislators point to their support of public education. This past session, they focused on how education was financially held harmless. How can this be when the total education appropriation is less than it was last year and there is an increase in student population across the state? They take credit for the elimination or the reduction of burdensome mandates, even though the legislature created the mandates. Even though there may be some truths to these comments, the fact remains that public education

in Oklahoma, in its current condition, remains under attack by many of our legislators. Oklahomans believe in the public education system and understand it is the cornerstone for our state’s economic future. Unfortunately, the recently completed session doesn’t fully reflect Oklahomans’ hopes and dreams for our schools or the children they serve. Much of the session focused on issues like the placement of religious monuments, capital improvements, abortion, second amendment and restrooms. Meantime, public schools and other core service agencies were grappling with cuts from mid-year revenue failures. When our teachers are the lowest paid in the region, it’s difficult to understand why those ancillary issues receive so much attention and energy. The success of obtaining signatures for an initiative petition to fund raises for teachers in the state proves the general public sees a need to provide additional resources to education entities and wants education prioritized in the state. Despite the struggles, our students are being served at a high level in districts all across the state. That’s because our schools and educators know the most important thing is the children! As the school year begins in a

few months, we’d all do well to remember what’s most important. All of our children have the desire to be given an opportunity to learn, to be accepted, to be cared for, to be appreciated, to be acknowledged, to be praised, to succeed, and to be loved. Regardless of all of the distractions and negative criticism that will surely be directed to our schools, our children deserve to be in an environment that is conducive to learning, growing and allowing them to fulfill their dreams. It is the responsibility of all of the citizens of Oklahoma to do their part to help make this happen. Have a great start of the school year. Students only have a single chance to be successful at their current grade level. It is up to the adults to keep the distractions away from the classrooms; put capable, well trained, and caring teachers in every classroom; and allow the educational process to flourish, as it has done for many years. It is also up to us to continue to advocate and promote public education. Remember to exercise your right and responsibility to vote. If we cannot change our legislature, it might be time to change our legislators. We can continue to encourage our elected officials to make public education a priority that most citizens desire, and it so richly deserves. Not just for us, but for the most important thing — the kids in Oklahoma. 

Mike Mullins was elected as President of OSSBA at the Delegate Assembly, Aug. 29, 2015. He is a board member from Sand Springs Public Schools and serves as the Region 4 Director for OSSBA. 6


Oklahoma voices will highlight this year’s OSSBA/CCOSA annual conference Aug. 26-Aug. 28 at the Cox Convention Center in Oklahoma. The conference, themed Leading with Vision, will focus on helping school leaders remain forward-thinking despite the state’s budget troubles. University of Oklahoma President David Boren, state schools Superintendent Joy Hofmeister, Oklahoma Teacher of the Year Shawn Sheehan and former astronaut and Oklahoma native Dr. John B. Herrington will serve as keynote speakers. Attendees can dive more in-depth with a broad range of breakout sessions. Topics will include emergency preparedness, arts integration, makerspaces, teacher recruitment/retention and an introduction to OSSBA’s Oklahoma Library of Digital Resources. The Oklahoma Department of Career and Technology Education will offer sessions specifically for CareerTech leaders. Also returning are the popular Sunday morning legal roundtables! Board members in attendance for the entire conference can obtain all required training credits, including those in finance, open meetings and open records and ethics.

Register today at www.ossba.org/2016ossbaccosa-conference

Cox Convention Center, Oklahoma City August 26-28, 2016 7


August 26-28, 2016 • Cox Convention Center, Oklahoma City

REGISTRATION FORM

Register online at www.ossba.org/2016-ossbaccosa-conference Please note that everyone attending the conference sessions must be a registered attendee. The exhibit hall is free and open to spouses and guests of a registered attendee.

School District Name • PLEASE PRINT OR TYPE • ONE ATTENDEE PER FORM Attendee Name (as it should be printed on the name badge) Board Member

Superintendent

Administrator

Other ____________________________________________________________

Attendee E-mail Contact Name E-mail address to receive registration confirmation (required). A registration confirmation will be sent after registration is processed. If you do not receive a registration confirmation, please call to confirm receipt. CONFERENCE REGISTRATION Early bird member price through July 15 $225

$ _________________

Member price July 15 - August 12, $250, after August 12 $350

$ _________________

Non-member price $450, after August 12 $675 $ _________________ (Exhibitors who wish to attend sessions must register as an attendee at the non-member price) Legislators and State Officials $225

$ _________________

OPTIONAL SUNDAY BREAKFAST Please include __________ breakfast $ _________________ tickets at $30/ea for attendee and guests. Breakfast tickets will not be available on-site. No breakfast tickets are included in the registration price. Total amount due Registration fee includes sessions and exhibit hall for the attendee.

$ _________________

Plan time to visit our exciting exhibit hall for fresh ideas. If you are interested in exhibiting, please contact Kelly Ross at 405.528.3571

METHOD OF PAYMENT Check Enclosed Purchase Order Number _________________________________________________ To pay by credit card, register online or call Jennifer Paschal at 405.528.3571.

Credit Card

Cancellations submitted July 15 - August 12 are subject to a $50 cancellation fee. No refunds or credits will be given after August 12. Cancellation requests must be sent in writing to Lisa Deaton at lisad@ossba.org. After the cancellation is processed, a confirmation will be sent. 12 hours of New School Board Member, Incumbent, and/or Continuing Education credits may be earned during the conference. OSSBA and CCOSA are committed to making activities accessible to persons with disabilities or special needs. If you have special needs, please call 405.528.3571 at least 14 days prior to the conference to make arrangements. Select one return method: Register online or email to register@ossba.org or fax to OSSBA at 405.609.3092 or mail to OSSBA • 2801 North Lincoln Blvd., Suite 125 • Oklahoma City, OK 73105

8 ALL REGISTRATIONS MUST BE RECEIVED BY 4 P.M. FRIDAY, AUGUST 12, 2016. AFTER THIS DATE,t ATTENDEES MUST REGISTER ON-SITE.


3rd Annual Dr. Bob Mooneyham Memorial Scholarship

August 25, 2016 • Lake Hefner Golf Club • Oklahoma City

Register online at www.ossba.org/golf2016 OSSBA and CCOSA are proud to present the 3rd Annual Dr. Bob Mooneyham Memorial Scholarship Golf Tournament. Throughout Mooneyham’s career, he served as an education leader, working as a teacher, coach, counselor, superintendent and professor. His numerous contributions to Oklahoma education were recognized with honors including the Oklahoma Educators’ Hall of Fame, OEA Friend of Education, Keepers of the Dream Award, UCO Outstanding Alumni, Holiday Texas Outstanding Alumni, 75 Who Made a Difference in the OU College of Education, and Okemah Hall of Fame. Dr. Mooneyham became executive director of the Oklahoma State School Boards Association in 1975 and advocated for Oklahoma public education from this position for 25 years. Mooneyham was a cofounder of the Oklahoma Education Coalition and served the National Rural Education Association until his retirement in 2006. He passed away Dec. 24, 2012.

All school board members, school administrators, exhibitors, partners, and other participants in the Leading with Vision Conference presented by the Oklahoma State School Boards Association and the Cooperative Council for Oklahoma School Administration are invited to participate in the 3rd Annual Dr. Bob Mooneyham Memorial Scholarship Golf Tournament. This event kicks off the Leading with Vision Conference and is a fun and relaxing experience that provides an opportunity for school board members, school administrators and representatives from the business community to get together, network and establish relationships that will benefit public schools. The tournament will be held Thursday, Aug. 25, 2016, at the Lake Hefner Golf Club, 4491 South Lake Hefner Drive, Oklahoma City, OK 73116. Registration will begin at 7 a.m. and the tournament will have a shotgun start at 8 a.m. The tournament will be a best ball scramble. The entry fee is $75 per person and includes golf cart, range balls, refreshment cart, and lunch. Rental clubs are available at an additional cost. You may register as an individual or as a team. Please include names and handicaps on all registrations. We must have your registration by Friday, August 12, 2016. Please send your entry fee with this form. Checks should be payable to OSSBA. Refreshment carts, lunch, trophies, and prizes will be provided through the courtesy and sponsorship of our partners. Trophies and prizes will be awarded to the 1st place team and prizes will be awarded to the 2nd and 3rd place teams. Other prizes may be awarded during contests at the tournament, including a longest drive, closest to the pin and putting competition. 9


Christy Watson, OSSBA Director of Communications and Marketing

OSSBA Staff Named to National Leadership Posts Two OSSBA staff members were recently selected for leadership roles at the national level. Executive Director Shawn Hime was selected by his peers as chair-elect of the National School Board Association’s Organization of State Association Executive Directors. The organization was formed to: • •

Serve as a liaison between state executive directors and NSBA to help NSBA work with and through state associations, Adopt positions on issues affecting public education, state school boards associations, and NSBA, and

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Provide mutual assistance for executive directors, including mentoring of new executive directors and sharing of best practices.

Stephanie Hyder, OSSBA’s director of executive search services, was named chair elect for the National Affiliation of Superintendent Searchers. NASS is an affiliation of NSBA, representing over 35 states. Hyder will serve a three-year commitment as chair elect, chair and past chair. The year she is chair, OSSBA will host the NASS summer conference in Oklahoma. 


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Ann L. Caine, Ed.D, OSSBA Director of Education Leadership

Picture in your mind your children or students you know. Did the mental picture show them using a digital device, whether it’s a smart phone, laptop, or iPad? This is the way our children live and the way they learn. Our teachers recognize this is the world of today’s students and would love to integrate technology more often into their daily lessons. Unfortunately, finding the time to do the research for the best digital resources is a struggle. Teachers are busier than ever so making time for something like this is probably not going to happen on a regular basis. And, let’s not forget the financial situation our schools are facing. Many districts are delaying the purchase of new textbooks for the fall. One AP Calculus book costs $215! Therefore, the time was right this year for OSSBA to help all districts find digital resources for teachers that meet the new academic standards. Our initiative also helps districts implement one of the recommendations from “For the People: A Vision for Public Education,” which is to provide technology integration that will enhance teaching and student learning.

The cost to districts? Free!! Dr. Ann Caine (L) with the inaugural group of high school teachers during the first content curation.

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Oklahoma Library of Digital Resources


in making them a regular part of instruction, they may choose to create their own iBooks.

Kate Kemker, Apple (middle) with Beth Rempe, Mt. Saint Mary High School (L) and Lori Goodbary, Edmond Public Schools (R). During the past semester, OSSBA engaged high-performing high school teachers and content specialists to begin the statewide process of pulling together digital resources for teachers to use in the 2016-2017 school year. The supplemental digital materials will be located in iTunes U and any teacher can access them. Also, the resources can be accessed using any digital device; it is not iPad specific. The process began in January with 12 content specialists from around the state. Working together in pairs, they created the framework for the work the high school teachers, representing urban, suburban and rural school districts.

can be anything: a short video of the teacher explaining a concept; a digital experiment, such as dissecting an eye; a digital game to explain DNA; an opportunity for the students to create a video using online software to explain a concept; a 3D cell simulation; or a digital textbook. The opportunities are endless. These are just a few of the examples of a digital resource. And, as teachers and students become more familiar with the resources and more comfortable

We are so appreciative of the following districts for sharing some of their teachers with OSSBA, as well as their support of our collaboration. Thanks to Broken Arrow, Clinton, Deer Creek, Duncan, Edmond, Guthrie, Jenks, Merritt, Mid-Del, Mustang, Norman, Oklahoma City, Sand Springs, Union, Wagoner, Woodward, Yukon, and the Oklahoma State Department of Education. We were fortunate to work with a tremendous group of educators who demonstrated a contagious level of excitement.

Once the high school courses are launched in August, we will begin working with middle school and elementary teachers to curate digital resources for their courses. Those courses will launch in spring 2017. Following the launch of the second phase, we will begin working on additional high school courses. If you know of superstar teachers who would be interested in being part of the second or third phases, please have them contact Dr. Ann Caine at annc@ossba.org. ď Ž

2009 Teacher of the Year Heather Sparks, Mid-Del Public Schools, during the inaugural curating session.

Over the course of the three days in June, 48 teachers worked together in subject-area teams. Their task was to find high-quality digital resources that meet the Oklahoma Academic Standards for the following subjects: algebra I, algebra II, geometry, English I, English II, Oklahoma history, US history, biology, chemistry and personal financial literacy. The supplemental materials are located in iTunes U and available to all teachers. What is a digital resource? It 13


It’s Policy

Julie L. Miller, OSSBA Deputy Executive Director and General Counsel

It's Policy

Board of Education Meetings Study Sessions, Retreats, Strategic Planning and Compliance with the Oklahoma Open Meeting Act Oklahoma law requires school boards to conduct all meetings in compliance with the Oklahoma Open Meeting Act. 25 O.S. Section 301, et seq. This includes all regular and special meetings of the board of education. If a majority of the board is going to be present and discuss school business, the meeting is subject to the requirements of the Oklahoma Open Meeting Act. Many school boards have held study sessions, retreats and planning sessions as special meetings of the board of education. To call a special meeting, notice must be provided to the County Clerk’s Office 48 hours in advance of the meeting. In addition, an agenda must be prominently posted at the principal office of the school district in a public place for a full 24 hours excluding weekends and state holidays in advance of the scheduled meeting. The agenda should also be posted on the school district’s website for a special meeting “when reasonably possible.” The agenda for the study session, retreat or planning session must identify what is being discussed at the meeting. A sample agenda could be as follows: 1. Call to order 2. Board of education to conduct a study session with regard to a communications plan for the school district. 3. No action will be taken by the board of education at this study session. Under the above agenda, the board could interact with professional staff and discuss issues related to a communications plan for the school district. The meeting would be open to the public. However, members of the public would not be allowed to interact with the board and could merely watch the proceedings. 14

All of the members of the board of education should have a personal interest in making sure that the requirements of the Oklahoma Open Meeting Act have been met with regard to any scheduled meetings. Board members could be criminally liable if the Open Meeting Act is violated. Oklahoma law specifically provides that “any person or persons willfully violating the provisions of [the Open Meeting Act] shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding Five Hundred Dollars ($500) or by imprisonment in the county jail for a period not exceeding one (1) year or by both such fine and imprisonment.” (25 O.S. § 314, S.L.O. § 536) This punishment would not apply to either the minutes clerk or the superintendent as neither are members of the board of education. The agenda can’t legally be amended at the school board meeting. This is very important. The agenda must be finalized 24 hours prior to the meeting. This period of time excludes weekends and state holidays. To try to amend the agenda on the day of the meeting or after the 24-hour window for posting has begun could be prosecuted as a violation of the Oklahoma Open Meeting Act. A typographical error as to the time, date, or place of the meeting would be a fatal error, and the meeting could not legally be held. However, if the items on the agenda are not in alphabetical order and item B is missing, that is not a fatal error and the meeting can be held. The minutes would merely reflect that there was no item B listed on the agenda. We strongly encourage the members of the board of education to consider using the following agenda checklist prior to each school board meeting. If any of the answers to the following questions are “no,” the members of the board of education should


immediately leave the proposed meeting location as any meeting held would potentially violate the Oklahoma Open Meeting Act. As always, the Oklahoma State School Boards Association looks forward to serving the needs of your school district.

Agenda Checklist 1. Does the agenda identify the name of the public body that is meeting? 2. Does the agenda identify whether it is a regular or a special meeting? 3. Does the agenda specify the correct date for the meeting? 4. Does the agenda specify the correct time for the meeting? 5. Does the agenda specify the location, including room for the meeting? 6. Was the agenda posted 24 hours in advance of the meeting in an area where the public could view the agenda for all 24 hours in advance of the meeting? (24-hour time frame excludes weekends or holidays) To learn more about the Oklahoma Open Meeting Act, attend one of the sessions listed in the agenda at the 2016 OSSBA/CCOSA Vision Conference. ď Ž 15


The second session of the 55th Oklahoma Legislature proved a challenging and busy one for public education. Even before the session began in February, schools received word of what would be the first of two revenue failures for FY2016. Given the $1.3 billion shortfall, the FY17 budget could have been much worse for schools. Lawmakers used a mix of one-time and recurring revenue sources to make up much of the shortfall, but schools head into the new school year with a smaller budget than they did a year ago and uncertainty about revenue projections that form the basis of the FY17 budget. Despite much discussion about teacher pay raises, no proposal was approved. Aside from the budget, lawmakers advanced some important education policies that are good for schools and students. They eliminated end-of-instruction exams, paving the way for the adoption of more meaningful high school testing. Adoption of the ACT is one of OSSBA’s legislative goals, and this move by the legislature makes that change a possibility. The Teacher Leader Effectiveness evaluation system also was revamped, eliminating required qualitative components. Forced school consolidation and vouchers were soundly defeated, and legislators eliminated some red tape requirements for schools and the state Education Department. Following is a review of the major legislation impacting schools this session. The information also will be reviewed in more detail at the Leading with Vision Conference Aug. 26-28 so you are encouraged to attend.

Budget SB 1616 by Sen. Clark Jolley is the FY 2017 general appropriations bill. The bill includes a common education appropriation of $2,426,721,434 ($58,151,698 less). The common education budget was cut by 2.34 percent from the initial FY 2016 appropriation. Career and technology education was cut 11.65 percent from FY 2016 with an appropriation of $118,276,325 ($15,596,142 less).

55th Oklahoma Legislature (2016) Legislative Update 16


Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

The breakdown is as follows: •

• •

Financial Support of Public Schools (funding formula) $1,870,703,624, which is $6,031,552 (0.32 percent) less than in FY16. Support of Public School Activities (line items- although the legislature did not give the state Board of Education line items to follow) $91,956,442, which is $38,221,784 less than in FY16. Health Benefit Allowance (Flexible Benefit Allowance/FBA) - $442, 030,522, which is $26,006,957 more than in FY16, from the general revenue fund. Textbooks and Instructional Materials – No line item appropriation was made for instructional materials. Administrative and Support Functions of the State Department of Education is appropriated $15,831,344 from the general revenue fund, $6,567,951 less than FY16. School Consolidation Assistance Fund is appropriated $2,599,751, which is $668,684 less than FY16. Oklahoma Teachers Retirement System Dedicated Revenue Revolving Fund is appropriated $2,599,751, which is $668,684 less than FY16.

Mandates HB 3109 by Rep. Chad Caldwell and subsequently amended by Rep. Jadine Nollan in HB 1065 relates to all contracts for employment or related employee information worksheets for a teacher or administrator; adds the requirement that beginning with the 2016-2017 school year, districts shall annually provide to each teacher and administrator a copy of an employee information worksheet containing information for those individuals in categories currently listed in Title 70 O.S. § 6-101.6, which includes employee, salary and benefits information. This worksheet must be shared prior to the first payroll in November. Districts are required to designate one or more persons to review the worksheets with the teacher or

administrator upon request and answer questions. HB 3109: Effective 8/26/16. HB 1065: Effective 8/26/16. HB 2432 by Rep. Sally Kern requires each public school to post in a clearly visible location in a public area of the school that is readily accessible to students a sign in English and Spanish that contains the toll-free telephone number operated by the Department of Human Services to receive reports of child abuse or neglect. Effective 7/1/16. HB 2544 by Rep. Jadine Nollan changes the date school districts are required to notify the state Board of Education of their school hours policy from Sept. 15 to Oct. 15. The bill removes the authorization and reporting requirement for implementing an extended day schedule and removes the grade restriction of 9-12. Effective 7/1/16. HB 2571 by Rep. Todd Russ amends and updates language relating to roads where school buses are allowed to drive. The new language says a school bus may drive 55 mph on paved two-lane roads except on the state highway system, the interstate and turnpikes, where the maximum speed shall be 65 mph. Effective 11/1/16. HB 2614 by Rep. Todd Thomsen adds that a school is not required to provide educational services to a student in a regular school setting if the student has been removed from a public or private school in any state by administrative or judicial process for an act of using electronic communication with the intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to faculty or students. Also states that the school may elect not to provide education services until the school determines that the student no longer poses a threat. Effective 7/1/16. HB 2615 by Rep. Todd Thomsen states that no person shall give, offer, promise or attempt to give any money or thing of value to a student-athlete or their immediate family to induce, encourage or reward the application, enrollment or attendance of that student

at college to participate in sports. The new law requires that each high school in Oklahoma at the beginning of each sports season advise in writing each student who participates in any athletic program sponsored by the school about this law, and provide each student with information concerning the effect of receiving money or other things of value on the future eligibility of the student to participate in intercollegiate athletics. This does not apply to intramural athletic programs. Effective 11/1/16. HB 2649 by Rep. Todd Thomsen allows for two school days, each not less than six hours, that may be counted for attendance purposes in any 24-hour period only if one of the school days is for the purpose of a parent-teacher conference. Effective 7/1/16. HB 2784 by Rep. Chuck Strohm requires school boards to compile and maintain temporary and permanent student records in electronic or paper format. It requires student transcripts to be kept for not less than 80 years following the student’s graduation, transfer or withdrawal from the district. Transcript for this purpose means the permanent academic record of a student and shall include the name, address, phone number, date and place of birth, an inventory of courses taken, grades received, GPA or class rank, all academic and extracurricular honors and awards received, all degrees earned and extracurricular or after school activities. Except for transcript records, districts are required to dispose of information between five and seven years after a student is no longer in the district. The SBE shall promulgate rules regarding notification to parents or guardians of the student about destruction of the records. Effective 7/1/16. HB 2931 by Rep. Mark McCullough amends current law to combine lockdown and intruder drills into four “security” drills. One drill is required to be conducted within the first 15 days of each semester. All other drills remain unchanged. Effective 7/1/16. SB 1004 by Sen. Ron Sharp amends the 17


55th Oklahoma Legislature (2016) Legislative Update

requirement to report dropouts from quarterly to annually for the preceding year. Effective 7/1/16. SB 1164 by Sen. AJ Griffin requires the state Department of Health to create a concussion management section on its website to provide the guidelines necessary for each school board and youth sports organization to develop policies and procedures regarding head injuries and concussions. The policies must include at minimum: a concussion and head injury information sheet for game officials, team officials, athletes, parents and any other persons having care or charge of athletes of the signs and symptoms of concussion or head injury and the risk of continuing the activity after sustaining the injury; “return to learn” guidelines for teachers and relevant personnel pertaining to athletes returning to the classroom after sustaining a concussion or head injury; “graduated stepwise return to athletic participation” guidelines for team officials pertaining to athletes returning to the activity after sustaining the injury or concussion; and links to one or more free online concussion training programs provided by the Center for Disease Control, the National Federation of State High School Associations or comparable program or resources. This bill requires each school board and youth sports organization to develop policies and procedures to inform and educate their respective coaches, game officials, team officials, athletes and parents of the aforementioned information. Annually, information regarding concussion and head injuries shall be given to the athlete and parents. Acknowledgement and understanding of the information shall be completed by the athlete and parent and maintained by the school or organization prior to the athlete’s participation in the athletic activity (practice or competition). Annually, game and team officials shall undergo concussion training and a record of completion shall be readily available upon request. If any game or team official suspects an athlete is exhibiting signs of having sustained a concussion or head injury, they are required to remove the athlete from the practice or competition. 18

If an athlete is removed, they cannot return unless a health care provider gives written clearance. Governing boards (like school boards) must establish at least the following minimum penalties for failing to remove an athlete from an activity: first violation shall be additional training; second shall be suspension from the sport until appearance before the governing board; and monetary fines shall not be considered a penalty. This bill applies to secondary school aged athletes. Effective 11/1/16.

Oklahoma Teacher Retirement System HB 2263 by Rep. Randy McDaniel modifies the Oklahoma Teachers Retirement System (OTRS) in the following ways: makes changes to the application for retirement; the 30-day filing period to 60 days before the date of retirement, but allows the executive director to waive the 60-day deadline for good cause, as defined by the board. It also requires the employer to provide OTRS with the following information for the retiring member no later than the 15th day of the month of retirement: last day physically on the job; last day on payroll; any regular compensation not already reported; and final unused sick leave. Failure of the employer to submit this information or any errors that result in the member’s disqualification shall be on the fault of the employer. In such cases of disqualification, the employer has the responsibility to reemploy the member, or retain them on the payroll, for the time required to reach eligibility, not to exceed two months. It also authorizes individuals who are also beneficiaries of a trust created under the Oklahoma Discretionary and Special Needs Trust Act, or comparable Trust Act in another state, to be the designated beneficiary if named by the trustee. The bill also changes the amount related to the payment upon the death of a member who does not leave any beneficiary, without intervention of probate court from $5,000 to $25,000. It requires those claiming to be legal heirs to provide trust documents or affidavit that a will does not exist. It allows the Board of Trustees to have more than one Medical Board.

The bill also provides the Board a way to provide data to the Pension Commission through direct access to the data. The bill also requires employers to provide a comprehensive annual report showing the correct compensation, service credit and contributions for the prior fiscal year, as well as requires the participating employer to cooperate with the system's auditors during an audit of its financial statements or financial operations of the system. The bill allows the board to waive late fees based on good cause shown by the employer. Effective 11/1/16.

Encumbrance/ Treasurer HB 2315 by Rep. Jadine Nollan relates to school district encumbrance clerk hours of instruction. It allows instruction completed by the district treasurer or encumbrance clerk within three years prior to employment in the position by the school district to count towards satisfying their credit requirements. Effective 4/11/16.

Teachers and Employees HB 2371 by Rep. Ann Coody amends the definition of a “mentor teacher,” stating that a mentor teacher can be a former classroom teacher with a minimum of two years of classroom teaching as a certified teacher. It removes language that the mentor be assigned to the same school site when possible. Effective 7/1/16. HB 2946 by Rep. Katie Henke allows the SBE to issue a teaching certificate to any individual who holds an out-of-country certificate and meets requirements set forth by the board; that individual may only teach in the subject and grade levels most closely aligned to the subject and grade levels recognized on the out-of-country certificate; also allows a certificate to be issued to a teacher who has successfully completed a competency exam used in the majority of other states in the subject and grade levels recognized on the out-of-state certificate. The bill removes the requirement that the out-ofstate teacher have taught for five years. The bill requires the teacher to undergo a criminal history background check. The


Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

SBE may issue a temporary certificate until the results of the background check are returned. Effective 7/1/16. HB 2967 by Rep. Jason Nelson grants local school boards the authority to enter into contracts to employ student teachers for the ensuing fiscal year. It prohibits the student teacher from teaching in a classroom during that year until meeting or completing all certification requirements. If the student teacher has not obtained valid certification by the first day of the school year, the contract is automatically terminated. The board has the authority to pay a stipend or signing bonus while that person is still a student teacher, if that person has entered into an employment contract for the ensuing fiscal year. The bonus or stipend shall be conditional upon the student teacher fulfilling the first year of their contract and shall not be considered compensation. Effective 7/1/16. HB 3025 by Rep. John Paul Jordan amends who can be granted an alternative placement teaching certificate by the SBE. It adds that an individual who has successfully completed a terminal degree, such as a doctorate or a master’s degree, from an institution accredited by a national or regional accrediting agency which is recognized by the USDE may be granted the certificate. It also adds that a person who holds at least a baccalaureate degree from an institution recognized by the Oklahoma State Regents for Higher Education and has qualified work experience in a field that corresponds to an area of certification as determined by the SBE; and finally, that the individual who meets the aforementioned qualifications has also demonstrated competency or completed a major in a field that corresponds to an area of specialization for an elementary-secondary certificate or secondary certificate as determined by the SBE or a vocational-technical certificate as recommended by the Department of Career and Technology Education. The law removes the hours requirements listed for professional education and instead states that the SBE shall determine the subject matter and number of clock or semester hours

required for the professional education component for each individual seeking an alternative placement teaching certificate, stating that the SBE establish a maximum of 18 semester hours or 270 clock hours for the professional education component. Previously there was no maximum. Effective 11/1/16. HB 3102 by Rep. Chad Caldwell increases the amount of clock hours of classroom teaching an adjunct teacher is allowed to teach from 90 to 270 hours. Effective 7/1/16.

teacher.” The “model teacher” has met the requirements of a “career teacher” as well as having been evaluated by the district and found to possess the competencies of a “model teacher,” participated in a rigorous review process and has been recommended for a one year assigned as a “model teacher.” The teacher’s contract shall have an additional 5 days and minimum of $1,500 salary supplement. Those extra days are to be used to strengthen instructional leadership. Then comes the “mentor teacher” who has similar requirements to the “career teacher” but must have at least a minimum of five years of teaching experience. The mentor must also demonstrate continuous improvement in teaching and possess the skills and qualifications to assume leadership roles. The mentor shall have a teaching load of not more than 75 percent of student instruction to allow that teacher to mentor other teachers. The contract of the mentor shall have an additional 10 days, again, to be used to strengthen instructional leadership. This comes with a minimum

HB 3114 by Rep. Scott Martin creates new law entitled the “Empowering Teachers to Lead Act.” This new law is not mandatory. This bill is designed to help recruit and retain teachers and improve teaching. The bill creates a framework of teachers at varying levels with increased responsibility, learning days and pay. The bill starts by creating the category of an “initial teacher,” which is a teacher who is required to complete a teacher residency during the first year of employment, have intensive supervision or mentoring, and sufficient collaboration time and frequent observation and development opportunities. The next level is a “career teacher” who has successfully completed the “initial teacher” phase, demonstrated the competencies of a “career teacher” as determined under the evaluation of an initial teacher, hold a valid teaching certificate and participate in www.opaafood.com “Make Their Day!” Opaa! Food Management specializes in serving the nutritional needs of K-12 professional school districts. First, we partner with each district to tailor a child nutrition development. program that meets a local community's needs. Then we incorporate locally grown farm-fresh fruits and vegetables. The final touch is Opaa!'s scratch The next step cooking, including oven-fresh rolls with lots of tender loving care baked right in. is a “model

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55th Oklahoma Legislature (2016) Legislative Update

of a $3,000 salary supplement. Finally, there is the “lead teacher.” The “lead teacher” shares the same qualifications as the “mentor teacher” plus must have completed a mentor or coaching training program. They must possess superior teaching skills and the ability to lead adult learners. The “lead teacher” shall assume leadership roles and not have more than 50 percent of their teaching load spent on student instruction, thus allowing the teacher to spend time on co-teaching, coplanning, peer review and observations. The lead teacher’s contract shall have an extra 15 days and have a minimum salary supplement of $5,000. Any salary supplement received under this Act shall fully cover the salary costs of the additional contract days. The teacher may only receive the supplement while in the leadership role. Each local school board of education approved to implement this framework shall establish a review council composed of teachers and administrators whose task is to review applications and make recommendations to the superintendent for the leadership roles. The assignment of a teacher to a leadership role requires a minimum of an annual review with feedback to the administration or school district. This Act further allows a school district to make their own, comparable system of career paths and compensation for teachers that contains differentiated multiple leadership roles. The Act outlines the minimum criteria for the comparable system to include increased support for teachers, differentiated, multiple leadership roles, rigorous selection process and a professional development system facilitated by teachers and other education experts and aligned with standards adopted by the SBE. A school district seeking to implement this Act or comparable system must apply to the SDE for permission. The SDE is required to establish criteria and a review process for applications and approvals. Effective 11/1/16. SB 1128 by Sen. Patrick Anderson creates new law known as the Pension Improvement Act and the Oklahoma Pension Improvement Revolving Fund, consisting of all money received and placed in the fund for the benefit of 20

retired members and their beneficiaries from revenue sources designated by law. Expenditures from the fund shall be made only by legislative appropriations to pay for the cost of any legislatively authorized cost-of-living adjustment for the retirees or beneficiaries of the State of Oklahoma or to reduce the unfunded liabilities of any of the state retirement systems. Effective 8/26/16. SB 1038 by Sen. Jason Smalley requires the Commission for Educational Quality and Accountability to establish the Teaching Certification Scholarship Program. The purpose is to provide qualifying teacher candidates who are seeking certification with a scholarship toward the cost of competency examinations, subject to available funding. The Commission must establish eligibility criteria and the scholarship is limited to one per teacher candidate. Effective 1/1/17.

TLE HB 2957 by Rep. Michael Rogers amends the Teacher and Leader Effectiveness Evaluation System. The bill is effective for the 2016-2017 school year. The bill: • • •

Sunsets the TLE Commission on July 1, 2016. Retains requirement districts must use SDE-approved models. Eliminates quantitative component of evaluation system. Schools can use the quantitative component at their own expense. If they do so, such measures shall include a minimum of one reliable, researched based measure as approved by the state Board of Education. Requires that student performance, including on statewide criterion referenced tests if available, shall be discussed with the teacher and may be one of the considerations for the teacher’s evaluation. However, test scores are not a required part of the rating. Establishes a one "district evaluation rating" instead of a quantitative and qualitative rating. The names of the levels (i.e.

superior, effective) remain the same. Requires each school board, in addition to having an evaluation policy, to have corresponding teacher and administrator professional development plans that will be individualized. It provides minimum guidelines of what the professional development policy must look like and what would qualify for professional development. This professional development is not in addition to what's already required so it doesn’t add hours or days. Adds to the individuals who can evaluate teachers to include a designee of the principal, content expert, supervisor, department chair, peer committee, or persons groups designated by the local board. Phases in the new TLE district evaluation rating and professional development: ○○ For 2016-17, SDE shall work with school districts to develop individualized professional development. The evaluation rating of teachers and administrators shall be based solely upon qualitative components. ○○ For 2017-2018 and each year thereafter, school districts shall use the qualitative component in all evaluations, and each year thereafter shall use the “district evaluation rating.” Also, the school districts shall incorporate the individualized professional development plans on a pilot program basis. ○○ For 2018-2019 and each year thereafter, school districts shall fully incorporate and put into operation the individualized programs of professional development. Amends when a career status teacher can be terminated. Current law says if a career teacher has a rating of “ineffective” for two consecutive years, they shall be dismissed subject to due process. It


Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

now adds the provision that the superintendent may recommend and the school district may approve continued employment of the teacher. Removes language saying a teacher can be dismissed for criminal sexual activity and says the teacher can be removed for acts that could form the basis of criminal charges sufficient to result in the denial or revocation or certificate for reasons set forth in 70 O.S. § 3-104(6)(a). That statute gives the state Board of Education authority to revoke a license for most sexrelated crimes. Effective 7/1/16.

Students HB 2404 by Rep. George Faught requires the state Board of Education to promulgate rules that create exemptions relating to the maximum age at which a child may attend half- or full-day early childhood programs. Effective 11/1/16. HB 2518 by Rep. Randy Grau amends law to say that when a physician determines an emergency exists and it is necessary to perform surgery due to an injury, illness drug abuse, or to save the life of a minor child patient, and when an adult authorized by law to consent on behalf of the minor cannot be located, then the physician may perform the surgery. Effective 11/1/16. HB 2965 by Rep. Jason Nelson prohibits a governing body from discriminating against an employee for reporting suspected child abuse or neglect, or provides testimony in a proceeding involving child abuse or neglect. If the body does retaliate in some way against the employee, the body is liable for damages and attorney fees. If a child who is the subject of the report or another child is harmed by the retaliation, the party harmed may file an action to recover damages and attorney fees. Effective 11/1/16. SB 1105 by Sen. John Ford allows for a student who has been denied a diploma for failing to meet graduation requirements to re-enroll in the school

district that denied the student the diploma. The student shall be provided remediation or intervention and the opportunity to complete the curriculum or set of competencies required to obtain a diploma. These students shall be exempt from the hourly instructional and the six-period enrollment requirements. State aid funding for these students shall be calculated based upon the percentage of the total school day in which the student is enrolled multiplied by the appropriate grade level weight. Only enrollment in courses or periods necessary to meet their requirements to obtain a diploma shall be included in the calculation of funding. Effective 7/1/16. SB 929 by Sen. Ron Sharp creates the 2016 Workforce Oklahoma Academic High School Diploma Recognition Act. Beginning with the 2020-2021 high school graduating class, a school district may implement graduation recognitions for students who have participated in an approved program of study leading to a recognized career and/or postsecondary education pathway and have met or exceeded by the end of their senior year in high school with at least a 3.25 grade point average on a 4.0 scale the following: earned four units each in English, mathematics, social studies, and science; earned two additional units in the area of technology, the humanities, or the arts; earned two units in a foreign language; and achieved a proficient or advanced score on all end-ofinstruction tests as required. Also, applicable vocationaltechnical classes

offered by comprehensive high school vocational-technical programs shall qualify for technology, science and mathematics units. Students enrolled in the programs may use one unit of their six concentrated vocationaltechnical curriculum units for one unit of mathematics required by this section and one unit of their six concentrated vocational-technical curriculum units for one unit of science required by this section. Advanced placement classes in the subject areas listed above may be substituted on a course-by-course basis to satisfy the academic units required. Students may be eligible for the following graduation recognitions on their diploma: “recognition of highest academic distinction,” “recognition of academic honors” and “recognition of academic merit.” Each recognition comes with various requirements that must be met such as GPA and meeting state recognized college entrance requirements. Approved programs of study must include at least six credits within a career pathway and include AP courses and STEM courses. Effective 8/26/16.

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55th Oklahoma Legislature (2016) Legislative Update

SB 1269 by Sen. Ervin Yen is similar to SB 929. It directs the SBE to work with the Board of Career and Technology Education and the State Regents for Higher Education to develop collegeand career-ready endorsements to provide distinction and direct student coursework towards clear pathways and to establish the curriculum requirements for the endorsements. The endorsements may be earned by satisfying curriculum requirements in any of the following areas: STEM, business and industry, public service, arts and humanities, multidisciplinary studies and any other area of study as determined by the SBE. Effective 11/1/16.

Testing HB 3218 by Speaker Jeff Hickman makes significant changes to testing and the link between test scores and high school graduation.  Graduation requirements – For current high school students and those who begin their freshman year in fall 2016, the school district decides which, if any, assessments are required for graduation. This means local districts also will decide whether EOIs students have already taken will be required for graduation.  Testing – The future of testing in Oklahoma will be largely in the hands of the SBE in compliance with the federal Every Student Succeeds Act. This bill creates an opportunity for a nationally recognized career- and collegereadiness exam like the ACT to become Oklahoma's high school test. The following tests have been eliminated as state requirements: • • • • •

7 end-of-instruction tests Local arts assessment and reporting Geography (7th grade) History (8th grade) Social studies (5th grade)

The bill lays out the testing requirements for the next two years as listed below:

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2016-2017 Grades 3-8 • • •

Reading/English Language Arts (annual) Math (annual) Science (once in 3-5 and once in 6-9)

High school • • • •

English/reading (once) Math (once) Science (once in 10-12) U.S. History (once)

2017-2018

is authorized to enter into an agreement with private or public organization(s) for the purpose of creating AIM programs. These opportunities may be made available to high school juniors and seniors, and may fulfill the requirement of elective courses, but cannot replace any other state education requirement. Gives the school board authority to adopt policies relating to these programs and student participation. Effective 11/1/16. HB 2298 by Rep. Randy McDaniel requires that all driving education courses include education regarding the dangers of texting while driving and the effects of being under the influence of alcohol or other intoxicating substances while driving. Effective 11/1/16.

Same as 2016-2017 plus: • •

Reading and writing tests as determined by the state Board of Education. National college/career ready test (in high school contingent on funding) as determined by the state Board of Education.

 Remediation – No remediation is required for 2016-2017. The state Board of Education will determine remediation requirements for 2017-2018 and beyond.  This bill also removes from the definition of a teacher the district superintendent, principal, supervisor, school nurse, or a person in any other supervisory or administrative capacity. It does not, however, change the definition for purposes of complying with the state aid law and other statutes that apportion money on the basis of teaching units or the number of teachers employed or qualified, all persons holding proper certificates and connected in any way with student instruction. Effective 7/1/16.

Curriculum HB 2535 by Rep. John Michael Montgomery creates the “Apprenticeships, Internships and Mentorships (AIM) Act of 2016.” Beginning with the 2017-2018 school year, the governor body of each school

HB 2797 by Rep. Ann Coody creates “The Humanity of the Unborn Child Act.” The provisions of this act are subject to the availability of funding. This bill requires the Department of Health to develop and annually update and maintain an electronic form containing information concerning public and private agencies available to assist a woman through pregnancy and while her child is a dependent. By Jan. 1, 2018, the Department of Health shall make available to each facility in the state that is open to the public and has a restroom available to the public, signage to be posted in the restroom containing a statement directing women where to go for information to assist them through pregnancy. The Department of Health is required to provide outreach, consultation, training and alternatives to abortion referral services to schools and to recommend to the state Department of Education scientifically verifiable information concerning the unborn child in the educational standards of science, family and consumer sciences health class. The SDE with the Department of Health shall establish an instructional program for students consistent with this Act. Implementation at the local level is optional. If the school board chooses to do so, the program must provide accurate, scientifically verifiable information concerning the probable anatomical and physiological characteristics of the unborn child at


Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

two-week gestational intervals; provide information on prenatal health care; not teach sex education and comply with the Parents Bill of Rights. Effective 11/1/16.

Standards/ Accreditation

to the SBE that the textbooks and instructional materials used by the district for the subject areas being considered in the current textbook adoption cycle are current and appropriate for student learning. Effective 7/1/16.

SB 933 by Sen. Roger Thompson is the “moratorium bill.” This bill prohibits accreditation from being withdrawn, denied or a penalty assessed against school districts for failing to meet media materials and equipment standards and expenditures requirements, advisory councils, and textbook requirements until the state aid equals $3,291.60 per weighted average daily membership as reported to school districts by the SDE in the initial tentative state aid allocation notice during a fiscal year, immediately following a fiscal year in which that amount is met. If the WADM of $3,291.60 is reduced by 1 percent or more, again, the districts do not have to meet the requirements above. There is an exception for textbooks. A school district seeking flexibility in the use of textbook funding shall be required to demonstrate

HB 2969 by Rep. Jason Nelson requires the SBE to adopt accreditation standards relating to the provision of educational services provided in partial hospitalization programs, day treatment programs, day hospital programs, residential treatment programs and emergency shelter programs for persons between ages 3 and 21. The standards shall apply to onsite and offsite educational services provided by public schools or private schools. The standards shall provide warnings for schools who fail to provide these services. Each school that is providing such programs will be actively monitored by the SDE. The SDE is tasked with investigating complaints of non-compliance. If a violation is found, the school is given a warning. The school has 90 days to correct the problem or the SBE is required to automatically

withdraw the school’s accreditation. Effective 8/26/16. SB 1380 by Sen. John Ford amends the three units or sets of competencies of laboratory science approved for college admission to include one in life science meeting Biology I standards, one in Physical Science meeting the standards for physical science, chemistry or physics, and one from the domains of physical science, life science or earth and space science such that the content and rigor is above Biology I or Physical Science. The bill also says an additional unit or set of competencies from career technology courses, concurrently enrolled courses, advanced placement courses, international baccalaureate courses or any course listed in the areas of English, Math, Science or History in accordance with the statutory requirements for those areas are required to be completed to graduate. Finally, the law requires one unit or set of competencies in computer technology, including computer programming, hardware and business computer applications, but excludes

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55th Oklahoma Legislature (2016) Legislative Update

keyboarding or typing courses. Effective 7/1/18.

Technology HB 2616 by Rep. Todd Thomsen concerns the Oklahoma Universal Services Fund (OUSF) administered by the Oklahoma Corporation Commission (OCC). This bill moves from a litigation system to an administrative process for funds for services. The new law uses the State Educational Technology Directors Association standards for bandwidth and Wide-Area Network, and the beneficiary of the service determines the appropriate bandwidth without OCC interference. It creates a predictable pre-approval process rather than funding approval after the fact. Competitive bidding is based upon statute rather than OCC rules. It also includes career tech centers as program eligible. “Public interest” is redefined as fraud. The Public Utilities Division (PUD) can only investigate if fraud was suspected, rather than fraud, waste and abuse. Finally, the funding base is broadened to include wireless carriers. Effective 5/9/16. HB 3115 by Rep. Scott Martin allows textbook money to be used on technology including technology equipment. Effective 7/1/16.

Local Control/ School Boards HB 2720 by Rep. Emily Virgin clarifies the definition of a conversion school. Conversion schools were created last year in SB 782. A conversion school is basically a deregulated public school site or part of a site that is governed by the local board of education. The intent is to clarify the process of how to convert a school site and what accountability measures the local school board must follow. Effective 7/1/16. HB 3103 by Rep. Chad Caldwell amends who can be appointed to a school board. If after a filing period is closed for an open position on a school board and no candidate has filed thereby creating a vacancy, the vacancy shall be filled by appointment of the board. Those 24

Rooney Virgin, OSSBA Director of Legislative Services and Staff Attorney

appointed in this circumstance are not required to reside in the board or election district but shall be required to reside in the school district and to meet other eligibility qualifications required to be a school board candidate. Persons appointed to fill the vacancy shall serve only for that term. Effective 8/26/16. HB 2510 by Rep. Lisa Billy relates to the Open Records Act. The law states that all social security numbers included in an employee record may be confidential regardless of the employee’s status as a public or private employee and may be redacted or deleted prior to the release of the record by the public body. Effective 11/1/16. SB 911 by Sen. Ron Sharp gives the local school board the option of adopting a procedure that requires students to perform campus-site service, like community service at the school, for violating the school district’s bullying policy. Effective 8/26/16. SB 1036 by Sen. Jason Smalley amends the Open Records Act to allow the names of school district personnel who have been granted authority to carry a firearm to be exempt from the act. Effective 7/1/16. SB 1431 by Sen. Jason Smalley amends the process by which the SBE identifies schools in the state that are listed as in need of improvement in accordance with federal law. A school that is identified on that list shall implement a locally developed, evidence-based intervention model for the school site that is determined by the SBE as being low performing for four consecutive years. The board must seek support from the SDE. Support may include academic intervention, professional development, restricting the school governance or any other plan reasonably calculated to improve student academic achievement in the school. If after two years of implementing the state support plan the school continues to be low performing, the SBE may exercise the option of assuming control of the school. Effective 7/1/16.

Legislative Resolutions HCR 1021 by Rep. John Bennett is in response to the Civil Rights Divisions of the US Department of Justice and Education’s “Dear Colleague” letter on transgender students issuing guidance to schools in providing a safe and nondiscriminatory learning environment and accommodations to those students. The resolution supports the Oklahoma Attorney General in whatever action is necessary to defend schools and parents from the effects of the letter as well as instructs the State Superintendent of Public Instruction and the Board of Education to instruct local boards that they may disregard the letter and instead adopt or continue reinforcing their own policies to provide a safe and respectful learning environment for all students. SJR 72 by Sen. Rob Standridge repeals Section 5 of Article II of the Oklahoma Constitution, thus allowing public monies or property to be used for sectarian or religious purposes. This will be on the November 2016 ballot for voters to approve or disapprove.

Legislation subject to OSSBA alerts that did not pass • • • • • • • • •

Education Savings Accounts/ Vouchers Consolidation School Board Member Recall FBA money to pay for teacher raises Forced sale of unoccupied school buildings to charters Forcing schools to spend 65 percent of funds on direct instruction Eliminating motor vehicle revenue Reducing local control of bond decisions Teacher pay increase bills

The 2016 Legislative Review is not all inclusive of every new law effecting education and is meant as a reference guide only. Legal information provided by OSSBA is non-binding and is not intended to replace the advice of the school district’s retained legal counsel. 


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Online Policy Program a service of the Oklahoma State School Boards Association

OSSBA is offering a reduction in the cost of placing your policy manual online. The first year fees have been reduced as follows: Policy Pages

Conversion Fee

Hosting Fee

Total Cost

<300

$1000.00

$700.00

$1,700.00

300 to 500

$1450.00

$1000.00

$2,450.00

501 to 700

$1,700.00

$1,300.00

$3,000.00

The reduced prices will save districts over $200 in fees associated with the placement of your school district’s policy manual online. In future years, all the district would pay is the annual hosting fee. Please contact Julie Miller at juliem@ossba.org or call 888-528-3571 for more information.

27


Stephanie Mather, OSSBA Director of Legal Information and Staff Attorney

Do You Need an Architect? Now that summer break is here, many school districts are using the time to perform construction and repairs of buildings and facilities. If these construction and repair projects result in structural additions or changes the district must retain the services of a qualified and licensed Oklahoma architect. Under Oklahoma law, a school district must retain an architect for a school project that meets any of the following: 1. The cost of the project is more than $158,000. 2. The building addition, renovation or alteration

affects the primary structural, mechanical, or electrical systems, life safety systems or exit passageways of the facility. 3. The occupancy is Assembly (A-1), (A-4) or (A-5). Assembly (A-1) includes areas for production or viewing of performing arts, typically with fixed seating. Assembly (A-4) includes areas for viewing indoor sporting events and activities with spectator seating. Assembly (A-5) includes areas for participation in or viewing outdoor activities. 4. The occupancy is Education (E) or Assembly (A-2) or (A-3) with 50 or more occupants or more than two (2) stories in height. Education (E) occupancies include any areas that students have access to on school grounds. Assembly (A-2) includes areas for food and drink consumption. Assembly (A-3) includes areas for worship, recreation, amusement or other assembly areas not identified such as, indoor sporting areas without spectator seating, libraries and galleries. When selecting the design professional that is best for your school district, keep the following in mind:

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1. You will enter into a contract for services. Be sure your school district’s attorney reviews the contract because most of these contracts are form contracts prepared for the benefit of the architects by the American Institute of Architects. Your attorney will know if any provisions in the form contracts need modifications 2. You do not need to bid and accept the lowest bidder for the hiring of an architect. You are contracting with a professional to provide a professional service. 3. Be sure to check with other school districts on architects they have used and the quality of their services. 4. Ensure the architect has expertise in school and public construction projects and understands state laws and regulations about public construction. 5. Check their work. Tour facilities in other districts and determine what you like and don’t like. You should also attend the architectural exhibit at the Leading with Vision Conference presented by OSSBA and CCOSA. The conference will be Aug. 26-28 at the Cox Convention Center in Oklahoma City. The architectural exhibit will highlight school building and facilities throughout the state, and you can visit with the firms to help make your decisions. 


Christy Watson, OSSBA Director of Communications and Marketing

Support Sought for Penny Sales Tax Campaign

State Question 779 — the proposed one-cent sales tax dedicated to public education — is one step closer to appearing on November’s statewide ballot. The Oklahoma Supreme Court recently certified signatures gathered on an initiative petition. Support for the effort is high. The 300,000 signatures gathered to place the question on the ballot was the largest number ever gathered. If approved, the sales tax is expected to generate about $615 million annually. School districts will receive 69.5 percent of the proceeds – an estimated $427 million a year. The bulk of the common education allocation would fund $5,000 teacher pay raises. The rest — about $58 million — would be shared among districts for student achievement initiatives. Higher education would receive about $118 million a year, while early childhood initiatives would receive about $49 million. Career technology centers would receive an estimated $20 million a year. The Oklahoma State School Boards Association’s board of directors – comprised of school board members from across the state – has endorsed the proposal. 

Campaign officials are seeking volunteer and financial support for the campaign. More information is available on the campaign’s website at yesfor779.org. One-time or recurring donations also can be made online. 29


Christy Watson, OSSBA Director of Communications and Marketing

Board Member Spotlight In 19 years of service on the Oologah-Talala school board, Don Tice has rarely missed a school event. From sporting events to fine arts performances to school board meetings, Tice is a tireless, consistent advocate and support of children in the community. He has served six years as board president and also is second vice president of the OSSBA Board of Directors. Tice also is assistant state director of the United States Specialty Sports Association Fastpitch of Oklahoma. “Don is a leader with our board,” said Superintendent Max Tanner. “He listens to others and hears their opinions. He brings a

Undeterred, Tice said he still felt like he had more to contribute. When the board member who defeated him resigned just months after taking office, Tice ran for the seat again at the next election and won. He learned early that school board service doesn’t make one popular. “Being a school board member requires you to be accountable. Sometimes that means making unpopular decisions, even

You begin with talking about dreams and sometimes you get to see that turn into reality. common sense approach to the table and injects his opinion and knowledge of our school district history when needed and gets the other board members to think about how certain decisions can affect the school and district.” Tice’s children were young when he was asked about 25 years ago to serve on a school planning committee. Not long after, he was selected to fill the unexpired term of a board member who was resigning -- a position he would eventually lose by just a handful of votes. 30

though they are the responsible decisions.” Tice’s long-term board service allows much reflection. In 1991, a spring tornado caused extensive damage to the school district’s campus and bus fleet. The school year ended 23 days early as district officials began the arduous task of clean-up and rebuilding. That day has been on Tice’s mind a lot in the past year, as district patrons passed a nearly $4.7 million bond issue package to make improvements across

the district. The planned projects include two safe rooms that can be used as community storm shelters. In his two decades on the school board, Tice said school facilities have seen tremendous upgrades. "You begin with talking about dreams and sometimes you get to see that turn into reality.” But the physical improvements don’t compare to the difference Tice knows his district makes for individual students. He keeps in touch with an Oologah-Talala graduate who during his high school days was best described as “mouthy.” He asked Tice to help him in the evenings so he could become a better baseball player. The graduate now works as a sports medicine doctor in Colorado Springs. “We have a lot of kids who go on to be very successful. We’ve had a lot move away and then come back to raise their families here because of the great experience they had as students. That’s the ultimate compliment, and as a school board member, it’s rewarding to see.” 


A stack of school board meeting information piled high on your desk is so yesterday. Change the way your board does business with eMeeting, the Oklahoma State School Board Association’s user-friendly service that will bring your board meetings into the 21st century! eMeeting is a minutes clerk’s best friend! The service eliminates the need for the time-consuming and expensive work of printing and delivering board packets. It also dramatically reduces the time the clerk spends preparing meeting minutes. A search feature also allows administrators and board members to easily locate information from prior board meetings.

With eMeeting, board meetings become a breeze, too! During a meeting, board members can log-in to a password-protected site to:

• Make electronic notes related to any agenda; • Cast an electronic vote (if enabled for your district).

Designed especially for school boards, use eMeeting to: • Create a meeting agenda that’s accessible on any device or computer with an internet connection; • Develop and publish online board meeting notices, agendas, attachments, and minutes for meeting participants; • Automatically email board members when the online agenda and back-up materials are ready to review; • Post meeting info that is easily accessible to the public; • Build a searchable archive of meeting information.

• View the online agenda and attachments during the meeting;

For more information, contact Christy Watson, OSSBA Director of Communications and Marketing, at christyw@ossba.org or 405.528.3571. 31


With the recent state revenue failure, many Oklahoma schools are looking at eliminating positions through a reduction in force (RIF). With a RIF comes unemployment liability up to $10,900 per claim. OPSUCA membership can help your school district minimize potentially costly unemployment liability. OPSUCA is here specifically to help Oklahoma schools with unemployment claims! Not only is our primary goal to save your school money, but we also save time and frustration by doing the work for you!

www.ossba.org/opsuca 405.528.3571 • jessicas@ossba.org 32

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Oklahoma State School Boards Association 2801 North Lincoln Blvd., Ste. 125 Oklahoma City, OK 73105 405.528.3571 • 888.528.3571 405.528.5695 fax • www.ossba.org

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IS YOUR DISTRICT LOOKING FOR A NEW SUPERINTENDENT? LET OSSBA HELP! As a school board member, you’ll do nothing more important than selecting a superintendent to lead your district, be an ambassador for public education in your community and ensure your local children receive a top-notch education. Districts that choose OSSBA’s executive search services are backed by an entire team of dedicated professionals. Our team includes former superintendents who understand what to look for in recruiting applicants. OSSBA’s experts in school and employment law offer valuable guidance for boards throughout the entire search process. A talented team of marketing professionals will help highlight why your district is an amazing place to work and draw applicants who are a good fit for your district.

we're ready to put our talent to work for you. Contact Us: 405.528.3571 • shawnh@ossba.org • stephanieh@ossba.org


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