©2015 Oklahoma State School Boards Association. All rights reserved.A publication of the Legal Department of the Oklahoma State School Boards Association

2801 North Lincoln Boulevard, Suite 125 • Oklahoma City, OK 73105405.528.3571 • 888.528.3571 • 405.528.5695 fax • www.ossba.org

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2015 Legislative Review

1st Session of the 55th Legislature February 2 - May 22, 2015

For the People: A Vision for Public Education (FTP) represents public education leaders saying YES to a solutions-based approach for transforming local schools to prepare all children for the rigors of the 21st century. Completed in 2014, For the People contains a wide range of recommendations for local school leaders and state policymakers based on seven areas research shows make a difference in student achievement.

This year, OSSBA’s legislative goals and strategies were based on For the People recommendations. In this review, we have linked many education-related bills to the key topic area(s) in For the People. You may review For the People at www.forthepeopleok.com

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« Appropriations and Budget

HB 2242 by Rep. Earl Sears is the FY 2016 general appropriations bill. Common education was held flat with the same budget as last year – $2,484,873,132. Career and technology education was cut 3.5% from FY 2015 with an appropriation of $133,872,467 ($4,855,478 less).

The breakdown is as follows:• Financial Support of Public Schools (funding formula) -

$1,876,735,176, which is $451,176 more than in FY15. w $990,708,890 from the General Revenue Fund w $728,835,560 from the Education Reform Revolving Fund w $47,372,299 from the Common Education Technology Fund w $3,800,000 from the Mineral Leasing Fund FY16 w $1,602,510 from the Mineral Leasing Fund FY14 w $24,453,211 from the Oklahoma Lottery Trust Fund FY16 w $4,962,706 from the Oklahoma Lottery Trust Fund FY14 w $75,000,000 from the Constitutional Reserve Fund is also

appropriated for the Financial Support of Public Schools through SB 847

• Support of Public School Activities (line items- although the legislature did not give the SBE line items to follow) - $130,178,226 from the General Revenue Fund, which is $8,739,932 less than in FY15.

• Health Benefit Allowance (Flexible Benefit Allowance/FBA) - $416,023,565, which is $8,739,932 more than in FY15, from the General Revenue Fund.

w $267,559,579 for Certified Employees w $148,463,986 for Support Personnel

• Textbooks and Instructional Materials - $33 million from the Special Cash Fund.

• Administrative and Support Functions of the State Department of Education is appropriated $22,399,295 from the General Revenue Fund (same as FY 15)

• School Consolidation Assistance Fund is appropriated $3,268,435, which is $225,588 less than FY15.

w $551,412 from the Oklahoma Lottery Trust Fund FY14 w $2,717,023 from the Oklahoma Lottery Trust Fund FY16

• Oklahoma Teachers Retirement System Dedicated Revenue Revolving Fund is appropriated $3,268,435, which is $225,588 less than FY15.

w $551,412 from the Oklahoma Lottery Trust Fund FY14 w $2,717,023 from the Oklahoma Lottery Trust Fund FY16

HB 2244 by Rep. Earl Sears – companion to HB 2242; caps motor vehicle apportionment to school districts and other entities at the FY 2015 level.

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Funds received in excess of FY 2015 collection would revert to the state’s General Revenue Fund. Signed 6/1; Effective 7/1/15.

Ad Valorem

HB 1407 by Rep. John Pfeiffer – requires the county assessor to notify by certified mail return receipt to any local governing board that levies ad valorem taxes upon any property within the county at least 90 days prior to the date in which the assessor intends to cause the ratio to be decreased. Signed 4/21; Effective 11/1/15. Financial Resources, FTP

A-F Grading and Data Collection

HB 1331 by Rep. Ann Coody – adds a “military student identifier” to the list of student data required to be collected under the Student Data Accessibility, Transparency and Accountability Act of 2013 for students whose parent or guardian is a military member. Signed 4/10; Effective 4/10/15.

HB 1823 by Rep. Scott Martin – requires the State Board of Education to study and possibly recommend revisions to the legislature to the calculation metrics of all components of the school report cards. Signed 6/3; Effective 6/3/15. Governance, Leadership and Accountability, FTP

Career Tech

SB 95 by Sen. Brian Bingman – excludes career technology centers from the requirements under the Oklahoma State Facilities Energy Conservation Program, but encourages the implementation of local energy conservation efforts. Signed 4/17; Effective 4/17/15.

HB 1423 by Rep. Jerry McPeak – requires the local school district to provide transportation for students for agricultural-education programs and FFA program activities for students in a program funded by the Department of Career and Technology. Signed 4/21; Effective 4/21/15.

Charter Schools

SB 782 by Sen. Clark Jolley – statewide expansion of charters with local school board approval; local conversion of a school site by the local board and controlled by the local board; many additional requirements in charter application; allows for the SBE to authorize a charter school after first being denied at the local level and only under limited circumstances; procedure for closing poor performing schools; required to be as equally free and open to all students as traditional public schools. Signed 4/24; 8/21/15. Learning, Teaching & Assessing for Student Progress and Governance, Leadership and Accountability, FTP

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HB 1034 by Rep. Dan Kirby – allows a federally recognized Indian tribe to sponsor charter schools so long as the charter school is located within the geographical boundaries of the reservation or former treaty boundaries as recognized by the Bureau of Indian Affairs. Signed 5/1; Effective 11/1/15.

HB 1691 by Rep. Lee Denney – allows Oklahoma City and Tulsa public schools to contract with a public or private entity to provide educational and administrative services for that school district. Signed 4/24; Effective 4/24/15.

SB 136 by Sen. Gary Stanislawski – requires the Statewide Virtual Charter School Board (SVCSB) to make publicly available a list of supplemental online courses that have been reviewed and certified by the SVCSB to ensure that the courses are high quality and aligned with standards adopted by the State Board of Education (SBE). Signed 5/11; Effective 8/21/15. Learning, Teaching and Assessing for Student Progress and Early and Expanded Learning Opportunities for Student Success, FTP

SB 505 by Sen. Gary Stanislawski – creates the Statewide Virtual Charter School Board Revolving Fund. Signed 5/1; Effective 8/21/15.

Curriculum

HB 1268 by Rep. Dennis Casey – provides that students with the most significant cognitive disabilities who have an IEP that directs students to be assessed through OAAP may demonstrate satisfactory knowledge of financial literacy by demonstrating 1) receipt of substantive and substantial instruction in life curriculum skills and 2) demonstrating the acquired knowledge of the student by alternative measures as required by the IEP. Signed 5/4; Effective 5/4/15. Learning, Teaching and Assessing for Student Progress, FTP

HB 1330 by Rep. Ann Coody – requires the SBE to adopt rules by 12/1/15 requiring school boards to waive the Oklahoma history graduation requirement for children of military families who transition from another state and who have satisfactorily completed a similar state history class in another state. Signed 4/10; Effective 4/10/15. Governance, Leadership and Accountability, FTP

SB 50 by Sen. Jason Smalley – extends agricultural education to students in junior high school. Signed 4/7; Effective 4/7/15. Early and Expanded Learning Opportunities for Student Success and Learning, Teaching and Assessing for Student Progress, FTP

SB 262 by Sen. Susan Paddack – requires the SDE with the Department of Labor to make available to school districts information about workplace safety training for grades 7-12 and to encourage school districts to inform their teachers of the training. Signed 4/1; Effective 8/21/15.

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SB 162 by Sen. Jim Halligan – requires the SBE to work with experts in the education and assessment of students with the most significant cognitive disabilities to promulgate rules providing for exemptions from state-mandated tests. Signed 4/28; Effective 7/1/15. Learning, Teaching and Assessing for Student Progress, FTP

SB 285 by Sen. John Ford – renames the Oklahoma Parents as Teachers (OPAT) program to the “program of parent education.” Also requires the SBE to ensure that the standards for early childhood education are aligned with any new subject matter standards once adopted. Signed 5/1; Effective 11/1/15. Early and Expanded Learning Opportunities for Student Success, FTP

Elections

SB 312 by Sen. David Holt – amends when an election can be called to fill a vacant school board seat. Those dates are the second Tuesday of February every year; the first Tuesday of April every year; the date of any regularly scheduled statewide or state federal election in even-numbered years; second Tuesday in September and second Tuesday in November in odd-numbered years. Signed 6/4; Effective 1/1/16.

SB 399 by Sen. Ron Justice – candidate filing period required in special election resolution; Signed 5/1; Effective 11/1/15.

Employees/ Teacher Issues

HB 1154 by Rep. John Montgomery – exempts law enforcement officers who are employed at the time they apply to a school district from the requirement of a criminal history background check. Signed 4/7; Effective 11/1/15. Culture, Climate and Organizational Efficacy and Partnerships for Human Capital and Organizational Development, FTP

HB 1521 by Rep. Katie Henke – allows a local school board to offer one-time incentive pay and/or one-time retention pay to a teacher to recruit them to a school district and for returning a second year outside of negotiated agreement and collective bargaining. Signed 4/13; Effective 11/1/15. Partnerships for Human Capital and Organizational Development and Learning, Teaching and Assessing for Student Progress, FTP

HB 1684 by Rep. Lee Denney – amends the professional development committee to include counselors or licensed mental health providers annually; requires annual training on the recognition of child abuse and neglect; sexual abuse; proper reporting and available resources; requires the safe schools committee to include studying/ recommending suicide prevention resources as well as allows the committee to recommend to the school board the development of a rape/ sexual assault program for the school; allows for

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public schools to establish an abuse prevention program for students. Signed 5/4; Effective 11/1/15. Culture, Climate and Organizational Efficacy and Partnerships for Human Capital and Organizational Development, FTP

HB 1749 by Rep. Tom Newell – prohibits state agencies from making payroll deductions on behalf of an employee for membership dues in any public employee association or organization or professional organization that collectively bargains on behalf of its membership pursuant to federal law. Signed 4/2; Effective 11/1/15.

SB 5 by Sen. Ron Sharp – exempts school employees from liability for using reasonable and necessary force to control and discipline a student. Signed 4/21; Effective 8/21/15.

SB 20 by Sen. Ron Sharp – allows the SBE to issue a certificate to a person who holds a valid out-of-state teaching certification to those individuals with five years of successful teaching as a certified teacher in an accredited school, and only for those subject areas/ grade levels most aligned to the out-of-state certificate, and that teacher shall not be required to take any competency exams in those areas. Signed 4/21; Effective 7/1/15. Partnerships for Human Capital and Organizational Development and Learning, Teaching and Assessing for Student Progress, FTP

SB 29 by Sen. Josh Breechen – requires the SDE to provide written notice to any individual who held a license or certificate issued by the SBE that expired June 30 of that year by Oct. 1 of that same year; for those individuals that renew by Dec. 31 of the same year, their certificate or license shall be backdated to July 1 of that year. Signed 4/21; Effective 4/21/15. Partnerships for Human Capital and Organizational Development, FTP

SB 183 by Sen. Mike Schulz – DPS shall disqualify any person from operating a class A, B or C commercial motor vehicle if found to be operating while using a hand held mobile phone. It is permissible to use the phone to communicate with emergency/law enforcement; operate does not mean stopped and pulled over on side of the road where vehicle is safely stationary. Signed 5/1; Effective 11/1/15.

SB 706 by Sen. John Ford – delays full implementation of TLE for one year; requires studying the TLE system and adds a mechanism for dismissal of ineffective teachers/leader. Signed 6/3; Effective 6/3/15. Learning, Teaching and Assessing for Student Progress, FTP

SB 711 by Sen. John Sparks – requires the superintendent to forward a copy of a recommendation for dismissal or non-reemployment of a teacher to the SBE if the recommendation includes grounds that could form the basis of criminal charges. Signed 6/3; Effective 6/3/15. Partnerships for Human Capital and Organizational Development, FTP

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Health and Safety

HB 1685 by Rep. Lee Denney – creates the 24/7 Tobacco Free Schools Act prohibiting tobacco use at any facility that offers early childhood education and in schools that offer K-12 education. Signed 5/6; Effective 8/21/15. Culture, Climate and Organizational Efficacy, FTP

SB 239 by Sen. Ervin Yen – creates the Chase Morris Sudden Cardiac Arrest Prevention Act applicable to any sport sanctioned and offered in grades 7-12 by a school district. Signed 5/6; Effective 5/6/15. Culture, Climate and Organizational Efficacy, FTP

Meetings and Organizations

HB 1032 by Rep. Dan Kirby – amends who is allowed to be in executive session for the discussion of the purchase or appraisal of real property to include an individual who is operating under an existing agreement to represent the public body. Signed 4/21; Effective 11/1/15.

HB 1353 by Rep. Wade Rousselot – creates the Disabled Veteran Business Enterprise Act requiring political subdivision of the state to give a three-point preference to service-disabled veteran businesses doing business as Oklahoma firms, corporations or individuals, or which maintain Oklahoma offices or places of business. Signed 4/27; Effective 11/1/15.

HB 2119 by Rep. Mark McBride – authorizes school boards and other awarding public agencies to enter into a written agreement with the lowest responsible bidder to extend the award date of a contract by no more than 120 days from the bid opening date. Signed 4/28; Effective 11/1/15.

SB 336 by Sen. John Ford – exempts an organization or entity that is a 501(c)(3) non-profit charitable organization from collecting sales tax for things which are related to a fundraising event sponsored by the organization when the event does not exceed five consecutive days and when the sales are not in the organization’s regular course of business. The exemption is limited to tickets sold for admittance to the fundraising event and items which are donated to the organization or entity for sale at the event. Signed 4/7; Effective 11/1/15.

Reading Sufficiency Act

SB 630 by Sen. John Ford – extends the student reading proficiency team for three years; moves from “limited knowledge” to “proficient” in one year; beings team in first and second grade for student not reading at grade level and recommends reading specialist as part of the team; requires reading specialist for the third grade team; removes principal from team but requires

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principal and superintendent approval for promotion; changes the test to remove language arts. Signed 6/3; Effective 6/3/15. Learning, Teaching and Assessing for Student Progress, FTP

Students

HB 2069 by Rep. Jason Nelson – upon the request of a foster parent, the residence of a child in foster care for school purposes may be changed to the school district in which the child resided prior to being placed in foster care or the school district in which the previous foster family home of the child is located. Signed 6/3; Effective 6/3/15.

Weapons

HB 1460 by Rep. Kevin Wallace – allows a public or private school to create a policy regulating the possession of knives on school property or in any school bus or vehicle used by the school for transportation. Signed 5/4; Effective 11/1/15. Culture, Climate and Organizational Efficacy, FTP

HB 2014 by Rep. Jeff Coody – allows a local school board to adopt a policy authorizing the carry of a handgun on school property by school personnel specifically designated by the board of education, provided the personnel possess either a valid armed security guard license or a valid reserve peace officer certification. Signed 5/12; Effective 5/12/15. Culture, Climate and Organizational Efficacy, FTP

Talked about bills that did not pass:• Vouchers• Education Savings Accounts• Teacher pay raises• Term limits for board members• Filling board vacancies at-large• Changing school board election dates to April • City-sponsored charter schools • ACT as an indicator of college and career readiness

*The 2015 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.*

• Culture, Climate & Organizational Efficacy

• Early & Expanded Learning Opportunities for Student Success

• Governance, Leadership & Accountability

• Learning, Teaching & Assessing for Student Success

• Partnerships for Human Capital & Organizational Development

• Physical Resources

• Financial Resources

Below are the seven key topic areas of For the People. Learn more at www.forthepeopleok.com