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An Act
ENROLLED HOUSE
BILL NO. 4268 By: Johns, Waldron, and
Rosecrants of the House
and
Pugh of the Senate
An Act relating to schools; creating the Teacher
Effectiveness and Excellence Act; providing short
title; defining terms; establishing the Growth-Based
Teacher Compensation Program as a pilot program to be
administered by the State Board of Education
beginning in certain school year; providing
eligibility criteria; directing the State Board of
Education to establish selection criteria; directing
certain teachers to receive certain annual
performance-based compensation; providing for
promulgation of rules; defining terms; establishing
the National Board Certification Bonus Program;
directing certain teachers to receive certain bonus
for certain period of time; providing eligibility
criteria; directing bonus payments to be made from
certain fund; prohibiting bonus amount from being
included in certain calculation; prohibiting a school
district from being liable for certain payment;
providing for promulgation of rules; directing the
Office of Educational Quality and Accountability to
contract with an independent evaluator to conduct
certain evaluation and report; providing for contents
of evaluation; requiring electronic submission of
certain report; amending 70 O.S. 2021, Section 3-
116.2, which relates to the Commission for
Educational Quality and Accountability; directing the
terms of certain members to be staggered upon certain
date; directing terms of members to be in accordance
with certain designations; amending 70 O.S. 2021,
Section 3-116.5, which relates to Commission
reporting requirements; directing certain report to
be electronically submitted with certain frequency;
allowing the Commission to use certain funds to
perform its duties; amending 70 O.S. 2021, Section 6-
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211, which relates to the educator supply-and-demand
study; directing the Commission, rather than the
State Board of Education, to conduct the study in
certain cooperation; amending 70 O.S. 2021, Section
1210.531, which relates to the Oklahoma Educational
Indicators Program; directing the Commission to
include certain data in certain program; directing
the Commission to be provided certain data within
certain time period; directing the State Board of
Education to ensure certain contracts include certain
requirement; allowing the Commission to contract with
an independent third party to receive, process, and
report certain data; updating statutory references;
updating statutory language; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
SUBJECT: Schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Teacher
Effectiveness and Excellence Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-213 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Eligible teacher” means a full-time certified teacher in
grades four through eight teaching English language arts and
mathematics;
2. “Participating school” means a public or charter elementary
or middle school serving students in grades four through eight;
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3. “Recognized teacher” means an eligible teacher whose
students demonstrate student growth at or above an established
growth threshold; and
4. “Student academic growth” means annual student progress as
measured by the Oklahoma School Testing Program.
B. There is hereby established the Growth-Based Teacher
Compensation Program to be administered by the State Board of
Education. Beginning with the 2026-2027 school year, the pilot
program shall operate for a minimum of three (3) consecutive school
years.
C. To be eligible to participate in the program, a teacher
shall be a full-time certified teacher in grades four through eight
teaching English language arts and mathematics at a participating
school. The pilot program shall consist of one thousand five
hundred teachers representing approximately fifteen percent (15%) of
the highest-performing teachers serving grades four through eight in
eligible schools in this state. The State Board of Education shall
establish criteria for the selection of recognized teachers to
participate in the pilot program.
D. Recognized teachers participating in the pilot program shall
receive annual performance-based compensation under the program as
follows:
1. Compensation shall be based solely on measurable student
academic growth. Such growth shall be calculated using a value-
added model based on a rolling two-year period of statewide
assessment data; provided, however, during the first year of program
implementation, compensation shall be calculated using the previous
and current years of academic growth data;
2. The State Department of Education shall place participating
recognized teachers into three performance tiers based on their
statewide student growth percentiles as determined by student growth
on Oklahoma School Testing Program assessment data;
3. The percentile distribution shall be adjusted as necessary
to ensure that total annual expenditures do not exceed available
funding for the program;
4. Participating recognized teachers shall be identified using
equivalent performance tiers which may include Tier 1 for the
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ninety-fifth percentile and above, Tier 2 for the ninetieth through
ninety-fourth percentiles, and Tier 3 for the eighty-fifth through
eighty-ninth percentiles; and
5. Awards shall be paid from the Teacher Empowerment Revolving
Fund created in Section 6-190.2 of Title 70 of the Oklahoma Statutes
by the State Department of Education as supplemental compensation.
The performance-based compensation shall not be included in the
calculation of the teacher’s salary for purposes of meeting the
district or statutory minimum salary schedule or for purposes of
compensating Teachers’ Retirement System of Oklahoma contributions
or benefits. No participating school shall be liable for payment of
the performance-based compensation pursuant to this section.
E. The State Board of Education shall promulgate rules to
implement the Growth-Based Teacher Compensation Program in
accordance with this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-214 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Eligible teacher” means any certified teacher in any
subject area or grade level who is employed by a public school
district in this state; and
2. “National Board certification” means certification granted
by the National Board for Professional Teaching Standards to a
teacher who has successfully completed all requirements for initial
certification or renewal, as applicable.
B. There is hereby established a National Board Certification
Bonus Program for eligible teachers who hold or attain National
Board certification.
C. An eligible teacher who attains, or has attained and
continues to hold, National Board certification on or after the
effective date of this act shall receive an annual bonus of Five
Thousand Dollars ($5,000.00) from the State Board of Education for a
five-year period subject to his or her continued employment with a
public school district in this state and maintenance of National
Board certification.
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D. To begin receiving bonus payments, an eligible teacher shall
submit proof of his or her National Board certification to the State
Department of Education to receive his or her first annual bonus
payment which shall be paid no later than January 31 each year.
Bonuses shall be paid from the Teacher Empowerment Revolving Fund
created in Section 6-190.2 of Title 70 of the Oklahoma Statutes by
the State Department of Education as supplemental compensation. The
bonus shall not be included in the calculation of the teacher’s
salary for purposes of meeting the district or statutory minimum
salary schedule or for purposes of compensating Teachers’ Retirement
System of Oklahoma contributions or benefits. No school district
shall be liable for payment of bonuses pursuant to this section.
E. The State Board of Education shall promulgate rules to
implement the National Board Certification Bonus Program in
accordance with this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-215 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. 1. The Office of Educational Quality and Accountability
shall contract with an independent evaluator to conduct a rigorous
evaluation and report of both:
a. Growth-Based Teacher Compensation Program
implementation fidelity pursuant to the provisions of
Section 2 of this act, and
b. the bonus effects on student achievement and teacher
workforce outcomes resulting from implementation of
the Growth-Based Teacher Compensation Program pursuant
to Section 2 of this act and the National Board
certification bonus pursuant to Section 3 of this act.
2. The evaluation created by an independent evaluator shall
include:
a. comparison groups,
b. longitudinal student growth analysis,
c. workforce outcomes including retention and
recruitment, and
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d. the number of teachers who have received a bonus for
obtaining National Board certification as provided for
in Section 3 of this act.
B. 1. Beginning January 1, 2028, the State Department of
Education shall electronically submit the results of the evaluation
and report to:
a. the Governor,
b. the President Pro Tempore of the Senate, and
c. the Speaker of the House of Representatives.
2. The evaluation shall include:
a. the number of participating teachers and schools,
b. growth distribution results,
c. compensation payments,
d. early-grade bonus distributions, and
e. findings from the independent evaluation conducted
pursuant to subsection A of this section.
SECTION 5. AMENDATORY 70 O.S. 2021, Section 3-116.2, is
amended to read as follows:
Section 3-116.2. A. Effective January 1, 2013, there is hereby
created the Commission for Educational Quality and Accountability.
The membership of the Commission shall consist of:
1. The Secretary of Education, who shall serve as the chair of
the Commission;
2. One member appointed by the Governor, with the advice and
consent of the Senate, representing business and industry from an
Oklahoma employer with five hundred (500) or fewer employees;
3. One member, appointed by the Governor, with the advice and
consent of the Senate, who is a parent of a child enrolled in a
public school in this state;
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4. One member, appointed by the Governor, with the advice and
consent of the Senate, who is an administrator of a public school
district;
5. One member, appointed by the Governor, with the advice and
consent of the Senate, who shall represent higher education teacher
education programs;
6. One member, appointed by the Governor, with the advice and
consent of the Senate, who shall be an active classroom teacher in
kindergarten through grade six; and
7. One member, appointed by the Governor, with the advice and
consent of the Senate, who shall be an active classroom teacher in
grades seven through twelve.
Upon the effective date of this act, the terms of the six
appointed members shall be staggered such that the terms of no more
than two members end in the same year. The terms of the initial
appointed members shall commence on January 1, 2013 July 1, 2028,
and shall end on June 30, 2014 in accordance with designations by
the Governor, with the Governor designating two members whose terms
shall end on June 30, 2030, two members whose terms shall end on
June 30, 2031, and two members whose terms shall end on June 30,
2032. The Thereafter, the Governor shall appoint two members at a
time, and the terms of subsequently appointed members shall commence
on July 1 of each year following the election of the Governor
thereafter and shall be for four (4) years. If a vacancy occurs,
the vacancy shall be filled for the unexpired term in the same
manner as the office was previously filled.
B. A quorum of the Commission, which shall consist of four
members, shall be present in order for the Commission to transact
any business. Members shall be reimbursed for travel in the
performance of their official duties in accordance with the State
Travel Reimbursement Act.
C. Prior to July 1, 2013, the Commission shall meet to organize
and plan for the assumption of the powers and duties of the
Education Oversight Board and the Oklahoma Commission for Teacher
Preparation.
D. Beginning July 1, 2013, the Commission shall assume the
following duties:
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1. Oversee implementation of the provisions of Enrolled House
Bill No. 1017 of the 1st Extraordinary Session of the 42nd Oklahoma
Legislature;
2. Implementation of the provisions of the Oklahoma Teacher
Preparation Act as provided for in law;
3. Make recommendations to the Governor and Legislature on
methods to achieve an aligned, seamless system from preschool
through postsecondary education; and
4. Set performance levels and corresponding cut scores pursuant
to the Oklahoma School Testing Program Act and as provided for in
Section 1210.541 of Title 70 of the Oklahoma Statutes this title.
E. Beginning July 1, 2013, the Commission shall govern the
operation of the Office of Educational Quality and Accountability
created in Section 3-117 of Title 70 of the Oklahoma Statutes this
title.
F. 1. Beginning July 1, 2014, the Commission shall assume the
following duties of the Oklahoma Commission for Teacher Preparation
according to the provisions of the Oklahoma Teacher Preparation Act:
a. approval and accreditation of teacher education
programs, and
b. assessment of candidates for licensure and
certification.
2. To implement the provisions of this subsection the
Commission shall:
a. include the State Board of Education in the process,
b. review and assess approved, accredited, and new
programs of teacher education, and
c. encourage studies and research designed to improve
teacher education.
SECTION 6. AMENDATORY 70 O.S. 2021, Section 3-116.5, is
amended to read as follows:
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Section 3-116.5. A. On or before October 31, 2021 November 1,
2027, and every three (3) years thereafter, the Commission for
Educational Quality and Accountability shall issue electronically
submit a report to the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the Oklahoma State
Senate, and the Governor detailing factors in the public education
system of the state that contribute to improvements in the:
1. Common education system, including, but not limited to, high
school graduation rates and college and career assessment scores;
2. Higher education and career and technology education
systems, including, but not limited to, timely graduation rates and
reduced remediation rates; and
3. State workforce, including, but not limited to, career
readiness and the ability for new graduates to find in-state
employment.
B. If the Commission finds there is insufficient information
available to fulfill any of the report objectives specified in
subsection A of this section, the report shall also contain
recommendations on ways to address information gaps between state
entities, such as the State Department of Education, the Oklahoma
Department of Career and Technology Education, and the Oklahoma
State Regents for Higher Education.
C. The Commission may contract with a private consultant or
consultants to assist with the development of the report.
D. The Commission may utilize any funds received including, but
not limited to, any state or federal funds, grants, or private
donations to assist with the development of the report or to assist
the Commission with its general purposes or duties prescribed by
statute.
SECTION 7. AMENDATORY 70 O.S. 2021, Section 6-211, is
amended to read as follows:
Section 6-211. The Commission for Educational Quality and
Accountability, in cooperation with the State Board of Education in
cooperation with the Commission for Educational Quality and
Accountability, the Oklahoma State Regents for Higher Education, and
institutions of higher education, shall conduct an educator supply-
and-demand study every three (3) years. The study shall identify
ENR. H. B. NO. 4268 Page 10
areas of teacher shortage and make recommendations for addressing
the areas of most critical need. The Board Commission shall
electronically submit a report outlining the findings to the
Governor, the Speaker of the House of Representatives, and the
President Pro Tempore of the Senate.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 1210.531, is
amended to read as follows:
Section 1210.531. A. The Commission for Educational Quality
and Accountability shall establish an Oklahoma Educational
Indicators Program. The purpose of the Program program shall be to
develop and implement a system of measures whereby the performance
of public schools and school districts is assessed and reported
without undue reliance upon any single type of indicator, and
whereby the public, including students and parents, may be made
aware of the proper meaning and use of any tests administered under
the Oklahoma School Testing Program Act, relative accomplishments of
the public schools, and of progress being achieved. The Commission
shall involve representatives of school teachers and of school
administrators in the development of the Program program. The
Program program shall be so designed that use of standardized
definitions and measures and opportunities for coordination with
national reports, including those of the National Assessment of
Educational Progress, are maximized.
B. The Oklahoma Educational Indicators Program shall present
information for comparisons of graduation rates, dropout rates,
pupil-teacher ratios, student enrollment gain and loss rates, and
test results in the contexts of socioeconomic status and the
finances of school districts. Information shall be provided
individually for all public school sites and school districts in a
format that facilitates comparisons. As necessary data become
available, comparisons shall also be provided individually for all
schools and school districts on a historical basis. Reports of all
tests administered pursuant to the Oklahoma School Testing Program
Act shall be a part of the Oklahoma Educational Indicators Program
and shall be provided for each grade and each test subject or set of
competencies. Test results for students enrolled in Internet-based
courses, including regularly enrolled and alternative education
students, shall be disaggregated and reported. The Commission for
Educational Quality and Accountability shall seek to develop and
incorporate additional indicators of comparative standing and
accomplishment.
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C. Additionally, the Commission for Educational Quality and
Accountability, with the cooperation of the State Department of
Education, the Oklahoma State Regents for Higher Education, and the
State Board of Career and Technology Education, shall develop
procedures for obtaining and reporting data to the high schools and
to the general public regarding the performance of each high
school’s graduates in Oklahoma’s institutions of higher education in
this state and in postsecondary vocational-technical education. The
Commission shall include workforce outcomes of high school graduates
including postsecondary enrollment, credential attainment,
employment, and earnings information as such data becomes available.
The Commission for Educational Quality and Accountability shall
include such data in the report of the Oklahoma Educational
Indicators Program.
D. By February 1 of each year the Commission for Educational
Quality and Accountability shall publish:
1. A summary report to the people and the Legislature of
Oklahoma of the information provided by the Oklahoma Educational
Indicators Program; and
2. State State-, district district-, and site level site-level
reports which shall include the percentage of students who perform
at the various levels on the tests required by the Oklahoma State
Testing Program.
Immediately following the publication of the reports required in
this subsection each year, all data gathered pursuant to the
Oklahoma Educational Indicators Program shall be made available for
public inspection at the Office of Educational Quality and
Accountability. The confidentiality of individual student records
shall be preserved as required by law.
E. In order to carry out the provisions of this section, the
Commission for Educational Quality and Accountability shall be
provided all data and reports necessary to develop and produce the
Oklahoma Educational Indicators Program reports within thirty (30)
days of the necessary data becoming available. Such data shall be
provided directly to the Commission by the State Department of
Education, the Oklahoma State Regents for Higher Education, the
State Board of Career and Technology Education, the Office of
Management and Enterprise Services, the Oklahoma Employment Security
Commission, and any state contractor or assessment vendor that
maintains or produces necessary data.
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F. 1. The State Board of Education shall ensure that any
contracts with assessment vendors include a requirement that the
vendor transmit assessment results and related data files necessary
for the Oklahoma Educational Indicators Program directly to the
Commission for Educational Quality and Accountability at the same
time such results are transmitted to the State Department of
Education.
2. Data required by this subsection shall be provided to the
Commission without the need for a separate data-sharing agreement
with related state agencies and shall be subject to the Oklahoma
Open Records Act; provided, however, that the confidentiality of
individual student records shall be preserved as required by state
and federal law.
3. The Commission may contract with an independent third party
to receive, process, and report data submitted pursuant to this
subsection and may receive and expend federal or private grant funds
to carry out its duties pursuant to this section.
SECTION 9. This act shall become effective July 1, 2026.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 4268 Page 13
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________