Oklahoma State Department of
Education
2013 Promulgated Rules
Effective Dates of New Rules
TRACK 1
TRACK 2 and TRACK 3
TRACK 3, continued. . .
Approved by the Board Approved by the Board Approved by the Board
2/28/12
3/28/12
3/28/12
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Testing Students w/
Disabilities
Mobile Classrooms
(Revocation)
Transportation
Accreditation Status
Updates
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June 27, 2013
Reading Sufficiency Act
Assessment Clean-up
Former Teacher
Evaluation (Revocation)
Teacher
Certification/World
Language Cert
Cert Revocation
Procedure
A-F
Charter School Surety
Bonds
July 11, 2013
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ACE
September 1, 2013
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.”
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 210:1527-2 (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.
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
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)
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.
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
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.
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
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.
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.
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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
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:
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A = 90% to 100%
B = 80% to 89.9%
C = 70% to 79.9%
D = 60% to 69.9%
F= 59.9% or below
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
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
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.
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%)
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
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Graduation Rate
Accelerated Coursework (AP/IB/AICE/Concurrent Enrollment)
Graduation Rate of bottom 25%
EOI Performance
Dropout rate (Middle School
Attendance (Middle and Elementary)
Emergency Rule Adoption
TRACK 1
TRACK 2
TRACK 3
Track 4
Approved by the
Board
5/23/13
Approved by the
Board 6/27/13
Approved by the
Board 7/25/13
Approved by the
Board 8/20/13
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ACE Rule
Revisions (HB
1756)
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School Bus Driver
Certification
(Resubmission)
Supplemental
Online Course
revision (SB 419)
Transfers (HB
1422)
Special Education
Teacher
Certification (HB
1233)
A-F Amendments,
(HB 1658)
Student Data
Accessibility
Transparency and
Accountability Act
(HB 2131)
2014 Proposed Rulemaking Deadlines
Deadline for
Submission of
NRI to
Oklahoma
Register for
Publication
Publication in
Oklahoma
Register
Begin Public
Comment
Period
(Must be at
least 30 days)
End Public
Comment
Period and
schedule
Public Hearing
SBE
Meeting to
consider
adoption
9/25/2013
10/15/2013
10/16/2013
11/18/2013
12/19/2013
10/9/2013
11/1/2013
11/2/2013
12/6/2013
12/19/2013
11/8/2013
12/2/2013
12/3/2013
1/10/2014
1/30/2014
12/6/2013
1/2/2014
1/3/2014
2/5/2014
2/27/2014
1/9/2014*
2/3/2014*
2/4/2014*
3/10/2014*
3/27/2014*
2014 Potential Issues
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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)