Oklahoma State Department of Education 2013 Promulgated Rules

1. Oklahoma State Department of Education2013 Promulgated Rules

2. Overview

3. Track 1 • 210: 10-13-11 Testing Students with Disabilities • Amends rule to require supervisors of teams of teachers who score OAAP assessments to receive training from SDE. • 210: 30-3-3 Mobile Classrooms • Revokes outdated rule relating to use of mobile classrooms. No longer funded by Legislature

4. Track 1 • 210: 10-13-18 Accreditation Status • Revises and updates references in rule to “School Improvement Schools.” • Removes “Needs Improvement” language. (NCLB) • Adds generally applicable language

5. Track 1 • 210:30-5-1 to 210:30-5-7 Transportation (Handout Provided) • Reorganizes 210:30-5-1, which deals with several transportation-related requirements. • Existing Language: Two Substantive Changes: • Adds a requirement relating to school bus inspections. Bus drivers shall be required to conduct post trip inspections of the vehicle to ensure no students have been left on the bus. • Clarifies existing procedure by creating an alternative way for individuals who have not been licensed by DPS to conduct inspections to become alternatively certified to conduct annual school bus inspections. • New Language: Creates procedure for individuals with monocular vision conditions to obtain a waiver from SDE and receive driver certification. Brings rules into compliance w/ ADA.

6. Track 2 • 210: 10-13-18 Oklahoma School Accountability System • Technical amendments to language in rule relating to the identification of schools making Adequate Yearly Progress (AYP). Removes former AYP definitions. • AYP = NCLB/Waiver (Although state law requires identification of AYP) • Add language of general applicability • Amendments also extend time for the appeals committee to consider challenges to district determinations from thirty (30) to forty-five (45) days.

7. Track 2 • 210: 20-3-4 and 210:20-3-4 Evaluation: Minimum Criteria for Effective Teaching • Revoked in light of implementation of TLE (Oklahoma Teacher and Leader Effectiveness Evaluation system – 70 O.S. § 6-101.10)

8. Track 2 • 210: 15-27-1 Reading Sufficiency Act • Substantive changes to the rule at 210:15-27-1 relating to Reading Sufficiency Plans and Summer Academy Reading Programs: • 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) • District must submit annual improvement goals if any schools in the district are not achieving the required annual reading goals. (Office of Instruction has provided additional guidance.) • 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 (j) to the rule to address summer reading academy requirements for schools which observe continuous learning calendars. • 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.

9. 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 • 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.

10. 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 • Student must have received intensive reading instruction for two years or more • Deletes “L” exemption adopted in last year’s rules. • 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) • Adds a requirement that a “program of reading instruction” – which is the 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) and aimed at preventing remediation – be based on an Response to Intervention (RtI) model.

11. Track 3 • 210: 40-87-6 Charter school surety bonds • New rule clarifies that requirement of superintendents, financial officers and/or custodians of charter school funds must comply with surety bond requirements of 70 O.S. § 5-129 and 70 O.S. § 116A. Note: Proposed rule included a new section (210:40-87-7) to implement SB 1816, which created the Oklahoma Statewide Virtual Charter School. Prior to adoption of the rule, SB 267 passed and was signed by the Governor. Rules were withdrawn in light of the new law.

12. 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

13. Track 3 • 210: 20-9-98 Administrative requirements for teacher certification • Amendments clarify the criteria for certification of visiting international teachers who are teaching world languages. • 210: 20-9-104 Certification for languages with no subject area certification • Provides a procedure for SDE to recognize tribal certification of proficiency in Native American languages.

14. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) (Handout Provided) • Eliminates the requirement in (b) that a student must retake an EOI in a subject area in which a student has failed to obtain a satisfactory score 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 are offered in a subject area in which a student has not obtained a satisfactory score on an EOI. • Category B projects are offered to 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 offered to 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.

15. 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 • Clarifies specific grounds for dismissal of a complaint • 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.

16. Track 3 • 210: 20-9-98 Student exceptions and exemptions related to graduation requirements for EOI’s (“ACE”) – EMERGENCY ACTION • On 5/23/13, the State Board of Education adopted an additional amendment via emergency rule to implement provisions of HB 1756. • HB 1756 provides an additional method for students assessed with alternative achievement standards through the OAAP.

17. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) (Handout Provided) • Proposed amendments implement changes to the criteria used to calculate the formula in the A-F School Report Card grading system. • Clarifies what course constitute advanced coursework in middle school • 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

18. 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 coursework enrollment and performance

19. 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

20. Track 3 • 210: 10-13-22 Implementation of a System of School Improvement and Accountability (A-F) . . . Continued • Note: Additional amendments to the rule will be necessary to implement HB 1658, which was 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 • Changes make-up of the lowest 25% • Former “Whole School Improvement” criteria changed to bonus points • Assigns +’s and –’s to overall grades

21. Effective Dates of New Rules

22. Emergency Rule Adoption ACE (HB 1756) – 5/23/13 A-F (HB 1658) SB 1989 Previous Transportation rules (From March) Changes in student transfers (HB 1422, SB 280, SB 759) Definition of “educationally appropriate” for OSOCP (SB 419)