Oklahoma State Department of
Education
2013 Promulgated Rules
Overview
TRACK 1
TRACK 2
TRACK 3
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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Reading Sufficiency
Act
Assessment Clean-up
Teacher Evaluation
(Revocation)
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Charter School Surety
Bonds
Statewide Virtual
Charter School
A-F
ACE
Revocation Procedure
Teacher
Certification/World
Language Cert
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 Revokes outdated rule relating to use of mobile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
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
Track 1
 210:30-5-1 to 210:30-5-7 Transportation (Handout Provided)
 Reorganizes 210:30-5-1, which deals with several transportationrelated 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.
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.
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)
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.
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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)
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Identified as LEP/ELL on a OSDE approved screening tool
Have an LIEP in place prior to OCCT administration
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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
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Work collected should demonstrate mastery of five components of reading
Portfolio shall include copies of assessment and benchmark/progress monitoring
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Previously retained in K, 1st, 2nd or 3rd grade
IEP must:
 Added the OAAP good cause exemption set forth at 70 O.S. § 1210.508C(K)(2)
 Added a procedure for qualifying for the student portfolio good cause exemption set forth
at 1210.508C(K)(4)
 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
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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.
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
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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.
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. § 5129 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.
Track 3
 210:1-5-6 Revocation of certificates
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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 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.
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.
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.
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.
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:
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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 coursework
enrollment 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
 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.
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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
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
•
•
•
•
Testing Students w/
Disabilities
Mobile Classrooms
(Revocation)
Transportation
Accreditation Status
Updates
•
•
•
•
•
•
•
June 27, 2013
Reading Sufficiency Act
Assessment Clean-up
Teacher Evaluation
(Revocation)
Teacher
Certification/World
Language Cert
Revocation Procedure
A-F
Charter School Surety
Bonds
July 11, 2013
•
ACE
September 1, 2013
Emergency Rule Adoption
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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)