March 11, 2022
This past week marked the completion of the fifth week of the legislative session. Work continued on both the House and Senate floors.
 
Following last week’s deadline, the number of bills and joint resolutions available for consideration during the 2022 legislative session was reduced to 732 House bills and 670 Senate bills. The session began with more nearly 4,700 bills and joint resolutions available for consideration.
 
Most of the measures not advancing simply failed to receive a committee hearing. Others were voted down in committee, did not receive a do pass motion or their do pass motion failed to receive a second.
 
The next deadline for bills and joint resolutions to be considered is March 24 when the measures must be heard in their chamber of origin - House bills and joint resolutions in the House and Senate bills and Senate resolutions in the Senate.
House Republicans renominate McCall to serve as speaker 
The House Republican Caucus named House Speaker Charles McCall its nominee for speaker for the 59th Legislature.
 
"Working as a team these past six years, the House has consistently met goals and put Oklahoma on an incredibly positive trajectory,” McCall, R-Atoka, said in a press release. “The speaker serves at the pleasure of the members, and I am deeply appreciative of my colleagues' decision to maintain our shared emphasis on civility and productivity in the House of Representatives."
 
McCall was first elected speaker in 2016. If elected by the full House in January, it will be his fourth term as speaker. Under its rules, the majority caucus nominates the speaker-designate for the upcoming Legislature through a caucus election the first Monday in March during election years. McCall already is Oklahoma's longest-serving Republican speaker and is now on track to become the longest-serving speaker in state history.
 
McCall was first elected in 2012, the first Republican in state history to represent House District 22, which encompasses portions of Atoka, Garvin, Johnston and Murray counties. He has one two-year term remaining. 
 
"There is a lot left to do in the 58th Legislature, and I believe Oklahoma is positioned to accomplish more than ever in the 59th Legislature," McCall said. "Retaining the confidence of my House colleagues to help guide this institution remains an honor of a lifetime and I will continue to approach it as such."
 
The speaker of the Oklahoma House of Representatives is the body’s chief presiding officer, responsible for committee appointments, the flow of legislation and management of the staff, budget and administration of the House.
Geography often more divisive than party affiliation at the Oklahoma state Capitol
Even before the legislative session was a week underway, one of the signature proposals from the leader of the state Senate was shot down by the leader of the House.
 
Senate Pro Tem Greg Treat wants to see a voucher system that Oklahoma families can use to pay for private school tuition.
 
But House Speaker Charles McCall essentially called the bill a non-starter for his chamber. 
 
The divide had nothing to do with partisan politics – both Treat and McCall are Republican – but instead was a matter of geography, according to McCall.
 
“He’s a suburban Oklahoma guy and I’m a rural Oklahoman, and we see things through the lens of our individual districts,” said McCall, comparing himself with Treat.
 
Vouchers might have support in larger cities where private school options are plentiful. But in rural communities, where there is often a lack of private schools and the local public school system is a core part of the local identity, the proposal has less support.
 
Treat lives in Oklahoma City, with a population of 681,054.
 
McCall hails from Atoka, which is home to 2,973.
 
In fact, the two chambers reflect that divide, at least based on population.
 
Forty-seven percent of Republican members of the state House live in a town with fewer than 15,000 people.
 
In the Senate, 35% of Republican members live in a town of 15,000 or fewer.
 
‘They don’t understand’
 
In a state Legislature where Republicans have nearly complete control, the urban-rural split is often one of the most significant divides, said Rep. Danny Sterling, the chair of the state Legislature’s rural caucus.
 
“It’s not that urban legislators are against us, I just think there’s a lot about our culture they don’t understand,” said Sterling, R-Tecumseh.
 
Beyond education, the urban-rural divide can be felt on other issues, including health care, agriculture, water rights and medical marijuana.
 
Rep. Todd Russ, R-Cordell, authored a bill this year that would allow county governments to limit the number of marijuana grow licenses issued. In many rural communities, marijuana grow facilities have put a strain on infrastructure and not always been compatible with neighboring agriculture operations, Russ said.
 
Medical marijuana was legalized largely through support in urban areas.
 
His bill didn’t receive a hearing in the House Alcohol, Tobacco and Controlled Substances committee, which is chaired by a lawmaker from Broken Arrow, a large suburb of Tulsa.
 
“The chairman is a wonderful guy, but he represents one of those metropolitan districts that voted heavily for it,” Russ said. “They don’t see firsthand the day-to-day effects on rural Oklahoma.”
 
Divide in election
 
While the geographic divide is present within the Republican caucus, it is especially defined between Republicans and Democrats.
 
Nearly all of the Legislature’s Democratic members come from the state’s two large cities as the party has increasingly become an urban-based community, a trend reflected nationwide.
 
The divide also shows up in statewide elections as urban voters have carried several ballot initiatives, which has some lawmakers claiming rural voters often feel “left out.”
 
Last week, a House committee advanced several bills aimed at giving rural voters more power in statewide elections, including one measure that would require petitions to place a proposal to amend the Oklahoma constitution on a statewide ballot collect signatures from at least 15% of registered voters in every county.
 
“I want rural Oklahoma to have a voice, I don’t want it to be just the big urban areas,” said Rep. Tommy Hardin, R-Madill, the bill’s author.
Senate approves Learn Everywhere Act
Senate Education Committee chairman Adam Pugh wants Oklahoma to think outside the box when it comes to students earning credits for graduation. The Edmond Republican is the author of Senate Bill 1623, the Learn Everywhere Act, to allow public school students to be eligible for extended learning opportunities outside the classroom.
 
“There are a number of opportunities outside of the traditional classroom where kids can gain useful knowledge, be it in internships, mentorships or even training they get at their job,” Pugh said. “We need to turn that valuable experience into credits for graduation. This will give students real life experience, expose them to new career possibilities and help them better pursue their passions.”
 
SB 1623 would allow a student to request credit for an extended learning opportunity, which could be granted by their school district, charter school or the State Board of Education. The bill would require each school district board of education and charter school governing body to adopt an extended learning opportunity policy. Beginning in the 2022-23 school year, students in 9th through 12th grades would also be allowed to request credit for courses by demonstrating understanding of that subject area’s content standards.
 
“Wyoming and New Hampshire, along with some school districts in our state, have already successfully implemented this innovative idea of educating students and helping get them career ready. This bill will expand that statewide to ensure all of Oklahoma’s students have access to this unique educational opportunity,” Pugh said. “We’ve learned so much, especially during the pandemic, about how kids want to learn, how they do learn and how best to reach kids where they are. We have to recognize that this generation of kids maybe learns differently than our generation did. I’m very excited for the possibilities this will provide for Oklahoma’s youth.”
 
The measure, which was approved by the full Senate Tuesday, will next be considered in the House where Rep. Jeff Boatman, R-Tulsa, is the principal author.
Baker, Miller Teacher Micro-credential Bill Passes House
Rep. Rhonda Baker, R-Yukon, the chair of the House Common Education Committee, and Rep. Nicole Miller, R-Edmond today secured House passage of a bill that would create a first-of-its-kind micro-credential program for teachers in science, technology, engineering and math (STEM) and computer science courses as well as for dyslexia.
 
"Micro-credentials increase the number of highly qualified teachers in our public school classrooms in our most critical subject areas," Baker said. "This will help us better prepare our students for life after high school and will assist us in meeting our future workforce needs."
 
Baker explained that currently no Oklahoma Subject Area Test (OSAT) exists for computer science courses, and while there are individual subject area tests, there is no overall STEM OSAT or certification. The same is true for teachers wanting to specialize in helping students with dyslexia.
 
The dyslexia micro-credential was added at the request of Miller.
 
"Offering a micro-credential for dyslexia provides an additional tool to support teachers and builds on the work that has been done in the last several years to support dyslexic students in our state," Miller said. "I am grateful for the diligent engagement of a constituent over the interim in advocacy of this issue and to Chairwoman Baker for incorporating this important provision into the micro-credential framework."
 
House Bill 4390 would create micro-credentials for teachers in these areas. To obtain the credentials, teachers would take a series of approved professional development courses in place of competency exams. They could earn endorsements and digital badges that could be shared via an electronic resume to broaden the number of subject areas in which they are approved to teach.
 
Baker said the alternative certification would support integration of STEM best practices in Oklahoma’s classrooms, improving student college and career readiness in an increasingly STEM-centered job market. It also would provide additional and subject-area specific professional development opportunities for teachers.
 
Baker was the House author of Senate Bill 252 last session, which requires all public high schools to offer a minimum of one computer science course beginning in the 2024-25 school year. The bill also requires all public elementary and middle schools to offer instruction in computer science beginning that same school year. This micro-credential will help ensure teachers are fully certified to teach those courses.
 
HB4390 would implement the recommendations of the working group created under House Bill 2752, passed in 2021, which advocated for allowing currently certified teachers to use micro- credentials in place of an Oklahoma Subject Area Test (OSAT) in the approved subjects. The bill ensures the Oklahoma State Department of Education (OSDE), the Oklahoma State Regents for Higher Education, the Department of Career and Technology and the Office of Educational Quality and Accountability (OEQA) partner in implementation to ensure proper alignment with a subject area test when necessary.
 
The working group was comprised of state education stakeholders representing various schools, colleges, and organizations, in addition to state agencies like the Regents and OEQA. The group conducted four meetings over the fall of 2021, producing over thirty pages of documentation, including various recommendations for implementation.
House Passes Professional Development Reform Legislation
Rep. Melissa Provenzano, D-Tulsa, released the following statement today after House Bill 3506 passed the House floor 87 to 3.
 
HB3506, authored by Provenzano, exempts a teacher from the “Professional Learning Focus” requirement if that teacher's other federal, state, and local professional development requirements exceed 24 hours in a school year.
 
“The Professional Learning Focus is a valuable curriculum for educators,” Provenzano said. “However, many federal, state, and local professional development courses overlap with the Professional Learning Focus curriculum. House Bill 3506 removes some red tape and provides relief for educators who are meeting their professional development requirements without Professional Learning Focus. This relief is important because it ultimately leads to more time spent on students.”
Bill ensuring parental inspection of sex ed materials passes Senate 
A bill related to parental notification on sex education curriculum materials shared in public schools advanced off the Senate floor Wednesday afternoon. 
 
“I know that there has been a great deal of misinformation going out about this bill,” Sen. David Bullard said in his introduction to SB0615. 
 
SB0615, by Bullard, R-Durant, and Rep. Danny Williams, R-Seminole, with title stricken, amends language regarding inspection of sex education curriculum and materials. It adds language requiring all curriculum and materials that will be used in a meeting with a school counselor on sexual behavior or attitudes to be available for inspection by parents and legal guardians. It requires any curriculum, materials, test, survey, questionnaire, activity, or instruction of any kind related to sexual orientation and gender identity to be available to inspection. It prohibits a student from being required to participate in a meeting with a school counselor to discuss sexual behavior or attitudes or any instruction, class, program, test, activity, survey, or questionnaire which discusses sexual orientation and gender identity. It clarifies that prior written notification to parents and legal guardians regarding sex education is to include a list of the audio-visual or written curriculum and materials to be used in the instruction, program, test, activity, meeting, or survey. It clarifies that prior written notification is not required prior to a teacher responding to student questions during class regarding sexual orientation and gender identity as it relates to a topic of instruction; when referring to the sexual orientation or gender identity of a historic person, group, or public figure when it provides context; or when referring to sexual orientation and gender identity if necessary to address a disciplinary matter. It defines “gender identity” and “sexual orientation.”
 
“The bill does not have a requirement of disclosure. Period,” Bullard emphasized. “If a student comes in to talk to that counselor, they can talk to that counselor, and they do not have to get consent from the parent.” 
 
Bullard clarified the language in his bill pertains to material distributed to students in a required course, which must be made available to inspection. He again emphasized the bill would not require a school counselor to disclose information shared by a student in confidence. 
 
Sen. Carri Hicks, D-Oklahoma City, asked Bullard if a student would need parental consent before they came to a school counselor to discuss or ask questions about gender identity or sexual orientation in private. 
 
“No, if they (the school) hand out materials to them [students] then they have to make those materials available to them (parents),” Bullard responded. “If they have a required course and the counselor is the one providing that course then yes, they have to have consent.” 
 
He continued, “If a student goes in for counseling on that on a voluntary basis that is a private conversation between the counselor and that student, and they do not have to have that consent.” 
 
Hicks then asked if materials related to the private conversation between the counselor and student would be subject to parental consent. Bullard again clarified the only time consent would be required was if the materials were shared in a course required by the school in question. 
 
“Help me understand what we’re changing,” Hicks asked, noting schools already have an opt-in for sex education materials. 
 
Bullard responded, “We’re adding the fact that if they use school counselors (to teach these courses).” 
 
Sen. Kay Floyd, D-Oklahoma City, debated against the bill but thanked Bullard for his willingness to strike title and believed he was genuinely attempting to help students. 
 
“The language as written is a problem,” she argued. “We don’t even get to the rights of parents for notification. We can’t even get there because we can’t get through this first part about what they’d be notified and when they’d be notified. All other social issues notwithstanding, the language itself is confusing. It’s confusing to us, and we see legislative language all the time. It’s going to be confusing to superintendents, it’s going to be confusing to parents, it’s going to be confusing to counselors.” 
 
Floyd posited the bill could lead to situations where students fear whatever they tell counselors in private will then be reported to parents, breaking confidentiality. 
Bullard said in his debate in favor of his language he wished to ensure the bill’s language matched its intent thus his willingness to strike title. 
 
“We want to make sure that kids can have that relationship with their counselor but we want to make sure that too that they don’t find a way to bypass that,” he said. 
 
The bill and its emergency clause passed on a vote of 39-7.
Education measures manage to leave the House
Two bills with bipartisan opposition managed to leave the House floor Wednesday afternoon.
 
The first was HB3351, by Rep. Charles McCall, R-Atoka, and Rep. Mark McBride, R-Moore, creates a tax credit for monetary donations made by a parent directly to his or her child's classroom teacher. It defines the terms on who is eligible for the new tax credits. The bill requires the Oklahoma Tax Commission in consultation with the State Department of Education to promulgate necessary rules. It was presented by Rep. Jon Echols, R-Oklahoma City.
 
Democrats and a few Republicans questioned almost every aspect of the proposed program, which has a $5 million cap and can only be used by parents giving anonymous monetary donations to their children’s teachers.
 
The questions could be divided into two groups: how this could impact Oklahoma’s education system and how this could impact an individual school.
 
In the first category were questions about the lack of equity between schools where most if not all parents would be able to donate up to $1,000 per year to their local teachers and districts where few would be able to make those kinds of donations. Democrats also questioned why instead of capping this program at $5 million, that same amount could not just be sent directly to schools from the Legislature.
 
Echols said this program could not be the only solution to increasing education funding, but people cannot “let perfect be the enemy of the good.”
 
He also said this is completely new money that is going into education, and he believes every dollar collected from taxpayers remains that taxpayer’s dollar, so they should be able to decide where it goes directly.
 
In the second category, multiple people questioned how this funding would impact schools and teachers, where certain teachers who are more popular would likely receive more donations and teachers would attempt to “jockey” for students from more affluent families.
 
Echols was also asked if a football coach could potentially receive donations of every member of their football team. The ability to enforce rules on anonymity was also called into question.
 
Echols said people in the chamber had a very pessimistic view of constituents and teachers if they believed all of those things were possible. He also likened the tax credit program to booster programs, which are considered perfectly acceptable.
 
“This is just an absolute no-brainer,” Echols said.
 
Rep. Merleyn Bell, D-Norman, said during her debate against the bill that she does not view this as parent empowerment. She described what she, and other parents, regularly do to volunteer their time, their money and additional supplies to their students’ classrooms.
 
“I don’t feel like we’re doing a good enough job if you’re asking me to contribute again,” Bell said. “I don’t need that. I just need you to properly fund public education.”
 
The bill passed 71 to 24.
 
Another less than popular measure that passed off the floor was HB3543 , by Rep. Chad Caldwell, R-Enid, creates the Oklahoma Free Speech Committee to the Oklahoma State Regents for Higher Education. The bill establishes the committee's duties as review of the free speech policies of Oklahoma public universities; review of any free speech complaints filed with the committee; review university training on free speech for improvements; make recommendations to the universities on improvements to free speech policies and training; and prepare the Free Speech Survey. The bill requires the committee to survey the state of free speech on public university campuses by interviewing all faculty, staff, and students every four years. It requires the survey results be made publicly available on the website for the Oklahoma State Regents for Higher Education and a copy of the report made available to the Governor, the Oklahoma Secretary of Education, the House Speaker and Senate President Pro Tempore. It also requires the committee develop a process of collecting complaints of free speech violations on public university campuses and advise complainants of their rights. It requires universities publish contact information on how to report free speech concerns to the Oklahoma Free Speech Committee on their website. It requires the committee either develop a First Amendment training or approve of an outside First Amendment training that will be required for all college deans, heads of departments, and individuals responsible for establishing university free speech policies or handling free speech complaints. It requires the committee either revise or reapprove the training every two years. It also mandates the training be required every two years, or upon hire or promotion to one of the aforenoted roles.
 
Multiple representatives from both sides of the aisle questioned the need for the committee and said they worried it would instead limit free speech.
 
The bill passed 66 to 27, but the emergency failed 61 to 22.
Board of Ed adopts alternative Health, Physical Education standards
The State Board of Education did not approve the recommended Health Education and Physical Education standards proposed by State Department of Education (SDE) staff at Thursday’s special meeting.
 
The suggested changes were developed by SDE staff and members of a standards adoption committee to the requirements of SB0089, by Sen. John Haste, R-Broken Arrow, and Rep. Rhonda Baker, R-Yukon, creates the Health Education Act. The bill requires health education be taught in public schools and include, but not be limited to physical health, mental health, social and emotional health and intellectual health. It requires, by the 2022-2023 school year, the State Department of Education to develop a micro-credential for teachers who are assigned the responsibility of teaching health education develop professional development programs that are designed to help teachers provide instruction in health education and incorporate the curriculum into existing coursework and instruction where appropriate. It requires the professional development not be construed to be in addition to existing professional development requirements. It requires school districts, by the 2023-2024 school year, provide instruction addressing all health education subject matter standards. It permits the health education to be integrated into one or more existing subjects or provided as an addition to existing coursework. It requires teachers assigned to teach health education as a stand-alone course be certified in physical and health education. It authorizes the State Department of Education to issue a provisional certificate, valid for not more than two years, to individuals assigned to teach a stand-alone health education course in order to afford the individual the opportunity to obtain certification in physical and health education. It requires the State Textbook Committee include a review of health and physical education instructional materials as part of its textbook review and adoption cycle. The bill creates the "Health Education Revolving Fund" that will consist of all monies received by the State Department of Education from appropriations, gifts, donations and bequests. It requires the subject matter standards for health and physical education include but not be limited to the domains of physical, emotional, social and intellectual health. It requires health literacy include the ability to obtain, process and understand basic health information and services needed to make appropriate health decisions, as well as the importance of proper nutrition and exercise, mental health and wellness, substance abuse, coping skills for understanding and managing trauma, establishing and maintaining positive relationships and responsible decision making. It requires physical literacy include the ability to move with competence and confidence in a wide variety of physical activities in multiple environments that benefit the healthy development of the whole person. It requires the bill's implementation be studied by the districts' Healthy and Fit School Advisory Committees. The bill permits the State Board of Education to promulgate necessary rules.
 
Instead, the board approved a different set of standards proposed by board member Brian Bobek. Bobek’s modified standards maintain the current standards and add language related to mental health education objectives, but it does not go into the detailed and interconnected approach proposed by SDE and developed by the standards committees.
 
In his motion to approve the modified standards, Bobek also proposed revisiting the standards within 12 months for any additional changes that may be needed in the 2023-24 school year.
 
State Superintendent of Public Instruction Joy Hofmeister asked why Bobek was making this proposal.
Bobek said he only saw the proposed standards less than three weeks ago and due to the drastic changes and the importance of the work, he feels uncomfortable approving that work without more time.
 
Hofmeister said the public comment period of the standards adoption process ended in January, and the board was given that information, as well as the early draft of the standards themselves, in early February.
 
She also said there are set deadlines that must be met, both with the standards and, much more pressing, with the micro- credential program.
 
Board members Trent Smith, Jennifer Monies and Bobek all expressed their belief that the broader, less defined language in the modified standards proposed by Bobek would still allow SDE to move forward.
When one SDE staff member attempted to explain why exact language and precision is important in the mental health, nutrition and substance abuse education and training is necessary to why such exact language is important in mathematics education, Smith interrupted and said they are not the same, one is a science.
 
“They are both sciences,” Hofmeister said, adding that the lack of science and exact language is a common critique of the current standards and exactly what the Legislature wanted to address with SB0089.
 
The board was also told that while the new standards would not have to go into effect until the 2023-24 school year, they must be passed to implement the micro-credential program and robust professional development, since few teachers are currently trained in these subjects since they are not currently required.
 
Smith said he believes there is a different perspective between the business leaders on the board and SDE staff, because he believes the broad language proposed by Bobek would not hurt the micro-credential program development. Hofmeister and SDE staff shared that schools have told the agency the exact opposite, that exact and rigorous standards are necessary for their work.
 
SDE staff reiterated concerns about meeting deadlines within the statute, then the board voted on Bobek’s motion.
 
Of the five board members present, four voted for the new standards. Hofmeister did not vote and did not have her name called during the roll call. Monies questioned whether Hofmeister could do that, and if other members of the board could request to not be included in a vote.
 
“I’m the chair of the board,” Hofmeister said.

The board also approved the permanent rules for HB1775 without question or comment.
CTE Priority Measures
OkACTE tracks and monitors legislative bills. These bills can vary from CareerTech education policy, common education policy, education funding, teacher pay raise, tax credits, licensing, Ad Valorem, retirement, state employee pay raise, guns, economic development and much more.

Of these bills, we've compiled a listing of CTE Priority Measures linked below.
LEGISLATIVE DEADLINES
MARCH 17 | Senate Third Reading Deadline (Senate Bills & Senate Joint Resolutions) (may move to March 24)

MARCH 24 | House Third Reading Deadline (House Bills & House Joint Resolutions)

APRIL 4 | House Deadline to Report Out of Subcommittees (Senate Bills & Senate Joint Resolutions)

APRIL 14 | House Measures from Senate Committees Deadline (Bills & Joint Resolutions)

APRIL 22 | Senate Measures from House Full A&B Committee Deadline (Senate Bills & Senate Joint Resolutions)

APRIL 28 | House & Senate Third Reading Deadline, Opposite Chamber (Bills & Joint Resolutions)

MAY 27 | Sine Die Adjournment (5:00 p.m.)