Oklahoma State Department of Education 2013 Promulgated Rules

1. Oklahoma State Department of Education2013 Promulgated Rules

2. Effective Dates of New Rules

3. Track 2 • 210: 15-27-1 Reading Sufficiency Act Amendments primarily implement statutory amendments enacted by the Legislature in 2012. • Updates the rule to reflect the current requirements for submission and approval of RSA plans which are set forth in 70 O.S. § 1210.508C(F) • After initial submission AND approval of RSA plan, sites and districts are required to annually update RSA plans for approval by SDE unless: • Last expenditure was approved AND • Expenditures for the district’s reading plan include only expenses relating to individual/small group tutoring, purchase of screening/assessment measures, SARP, Saturday school programs, AND • No expenditures have been deleted or changed AND • The site or all sites within district is meeting annual goals of 100% reading proficiency for third graders AND • The school district does not have any sites on the needs “improvement list.”

4. Track 2 • 210: 15-27-1 Reading Sufficiency Act Amendments primarily implement statutory amendments enacted by the Legislature in 2012. • Updates (f) of the rule relating to reimbursement to reflect the changes to 70 O.S. § 1210.508D . The law provides a lump sum allocation of funds to districts to provide remediation and intensive intervention instead of a per pupil reimbursement for students who have been retained. • Adds (l) to the rule to incorporate the new provisions in 210:15-27-2 (b)(3) and (b)(4) as methods to demonstrate successful completion of the required competencies for reading necessary for promotion to fourth grade. • Upon completion of a Summer Academy Reading Program (pursuant to 70 O.S. § 508E), a student may demonstrate successful completion of the required competencies necessary for reading necessary for promotion to the fourth grade.

5. Track 2 • 210: 15-27-2 Alternative standardized reading assessments and use of portfolio for good cause promotion • Added the LEP good cause exemption set forth at 70 O.S. § 1210.508C(K)(1) • Identified as LEP/ELL on a OSDE approved screening tool • Have an LIEP in place prior to OCCT administration • Added the OAAP good cause exemption set forth at 70 O.S. § 1210.508C(K)(2) • Student must be identified as needing special education services prior to test administration • Student must have IEP in place prior to administration • Student’s IEP must direct that student is to be assessed by OAAP based upon SDE criteria

6. Track 2 • 210: 15-27-2 Alternative standardized reading assessments and use of portfolio for good cause promotion • Added a procedure for qualifying for the student portfolio good cause exemption set forth at 1210.508C(K)(4) • Work collected should demonstrate mastery of five components of reading • Portfolio shall include copies of assessment and benchmark/progress monitoring • Added the good cause exemption set forth at 70 O.S. § 1210.508C(K)(5) for students on IEPs who have been previously retained once • Previously retained in K, 1st, 2nd or 3rd grade • IEP must: • Identify Reading as area of education need OR identify some type of special education service in Reading. • Reflect that student has received intensive remediation for more than 2 years. • Intensive remediation may include any type of program offering intensive reading instruction identified by IEP team. (Determined by district policy/RSA Plan)

7. Track 2 • 210: 15-27-2 Alternative standardized reading assessments and use of portfolio for good cause promotion….continued • Added the good cause exemption set forth at 70 O.S. § 1210.508C(K)(6) for students who have been previously retained twice • Student must have been previously retained in K, 1st, 2nd, or 3rd for a total of two years or more • Student must have received intensive reading instruction for a total of two years (or more.) • Added requirements for documenting student reading progress in Academic Progress Plans (APPs) so that a student’s APP can be used as evidence of student mastery of reading standards for the student portfolio exemption in 210:15-27-2(b)(4) • Defines a “program of reading instruction.” Requires targeted intervention for students who are identified as not reading at grade level in the screening assessments given at the start of each school year required by 70 O.S. § 1210.508C(B). • Aimed at preventing remediation • Based on a Response to Intervention (RtI) model.

8. Track 3 • 210:1-5-6 Revocation of certificates • Adds notice of a revocation proceeding (Comply with 75 O.S. § 309) • Adds a provision for emergency revocation (75 O.S. § 314) • Only in cases involving a threat to public health, safety, or welfare • Adds discovery procedure for service of subpoenas and objections/motions to quash subpoenas and for requesting a continuance of a hearing on a revocation or suspension of a certificate • Adds option for deliberations to be held in executive session (25 O.S. § 307) • Adds a procedure for entry of a default order if respondent fails to appear to contest the revocation and fails to timely request a continuance • Adds a procedure for dismissal of case in event petitioner fails to timely appear at the schedule hearing, fails to timely request a stay, or fails to prove allegations by clear and convincing evidence • Adds requirements for service of a final order within five (5) business days of issuance • Adds provision to the rule for maintaining record of the proceeding in accordance with the requirements of 75 O.S. § 309 • Adds provision whereby a respondent may submit an application for reinstatement of a revoked license after five (5) years of revocation

9. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) • Eliminates the requirement in (b) that a student must retake an EOI before the student can choose the End of Course Project as an alternate method to demonstrate mastery. • Three different categories of End of Course Projects as an alternate method to demonstrate mastery • Category A projects = any student in a subject area in which a student has not obtained a satisfactory score on an EOI. • Category B projects = students with an IEP or LIEP in the subject area in which the student has not obtained a satisfactory score on an EOI. • Category C projects are = students with the most significant cognitive disabilities in the subject area in which the student has not obtained an satisfactory score on the EOI. Category C projects are designed for students who are participating in an OAAP assessment for the subject area in accordance with the student’s IEP. • Clarifies that if End of Course Projects are evaluated at the local school district level instead of the SDE, school districts are required to submit reports of all projects either in progress or completed by April 1, August 1, and November 1 of each year.

10. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) -- continued • Appeal process required by 70 O.S. § 1210.523 is clarified and reorganized in (d): • Language is added to clarify who may file the appeal on behalf of a minor student; adds legal guardians under Oklahoma Guardianship and Conservatorship Act and adults who have assumed permanent care and custody of a student in accordance with local district policies and 70 O.S. § 1-113(A)(1) to individuals who may file on behalf of a minor student. • Allows Board to dismiss appeal if school or school district is not a proper party to file an appeal on behalf of a student. • Clarifies the filing procedures, including time requirements, method of filing, requirement for verification of an appeal, and deadline for the State Board of Education to take action on the petition in accordance with the requirements of 70 O.S. § 1210.523 • Provides a procedure for an appellant to cure defects in a timely filed petition for appeal and clarifies specific grounds for dismissal of a complaint

11. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) -- continued • Adds exceptions and exemptions to requirement to demonstrate mastery: • Extenuating circumstances – Requires student to demonstrate circumstances which materially affect student’s academic performance • Successful completion of a higher-level course in the same subject matter and attaining a satisfactory or proficient score in an EOI exam in that same course. • Board may waive more than one EOI if extenuating circumstance exists or student demonstrates mastery.

12. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) • Emergency Rule/Implements HB 1756 • Provides an additional method for students assessed with alternative achievement standards through the OAAP. • Teacher provides recommendation to principal • Completes remediation (if necessary) • Retakes EOI (if necessary) • Maintains C Average in course or equivalent • Meets all other district requirements

13. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) • Clarifies what courses constitute advanced coursework in middle school – includes honors courses • Eliminate four-point scale in favor of the 0-100 numerical scale. • Implements suggested change in grading scale: • A = 90% to 100% • B = 80% to 89.9% • C = 70% to 79.9% • D = 60% to 69.9% • F= 59.9% or below

14. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . continued • Clarifies procedure for calculating district report cards. (Same manner as school sites) • Lowers N-size to ten (10) eligible students • Implements public comments to replace proficiency level metric with an equivalent-interval point scale assigned to proficiency/growth (1.0 rather than .2, 1.2, etc. . .) • Schools receive credit for each AP/IB class student is enrolled- in both participation and performance

15. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . . continued • Schools receive credit for advanced coursework of students enrolled in career tech, college, university, or classes offered through OSSM site. • Eliminate school climate survey • Implements a dual data verification system: • Continuous data verification period– as data becomes available throughout the year • Final 10 day final verification

16. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . . continued • Converts all whole school improvement factors to a point scale (was previously based on percentage) • Clarifies what constitutes “state average growth” to include only positive change • Previously, AP and IB performance was calculated separately from other accelerated coursework. Amendments combine categories so that all accelerated coursework is calculated together.

17. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . . Continued • HB 1658: Signed into law by the Governor on May 13, 2013. • Directs SBE to establish lowest sample size necessary • Adjusts percentages that constitute overall grade calculation • 50% - Whole School Improvement • 25% - Whole School Growth • 25% - Growth of the Bottom 25% • Changes make-up of the lowest 25% (Becomes true bottom 25%)

18. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . . Continued • Assigns +’s and –’s to overall grades • New language adopts State Board of Education’s previous definition of “state average growth” • Former “Whole School Improvement” criteria changed to bonus points • Graduation Rate • Accelerated Coursework (AP/IB/AICE/Concurrent Enrollment) • Graduation Rate of bottom 25% • EOI Performance • Dropout rate (Middle School • Attendance (Middle and Elementary)

19. Emergency Rule Adoption

20. 2014 Proposed Rulemaking Deadlines

21. 2014 Potential Issues Previously Adopted Emergency Rules School Safety Drills (SB 256) LNH Scholarship School Board Member Training Charter School Accreditation Requirements Deregulation Procedures (HB 2131) Gifted/Talented Teacher Certification First Year Supt Requirements Food Waste (HB 1418) Epinephrine Injector Use (HB 2101) ACE Amendments (SB 559)