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Dear Administrator,
As discussion across the state continues about a
potential work stoppage in support of a teacher pay raise, the Oklahoma State
Department of Education (the “Department” or “OSDE”) has fielded a host of questions and
concerns from district administrators, teachers and parents.
Since
taking office, I have been steadfast in my insistence that we raise teacher pay
to the regional average, and my commitment to that goal remains strong as
teachers debate what steps to take next. While
local boards of education ultimately decide what form of advocacy is
appropriate for their respective district, the OSDE shares your conviction that
our students remain the top priority. To that end, I want to remind you that
districts have the responsibility of adhering to federal and state laws, even if
a work stoppage does occur. As momentum builds for a long-deserved pay raise
for our teachers, I urge you to structure any advocacy so that it does not also
potentially cost Oklahoma schools millions of dollars in federal or state funding.
The
OSDE and I remain focused on making sure students’ basic needs can be met if
schools are unable to open. That includes not only their academic needs, but in many cases, their nutritional needs. Furthermore, we encourage school leaders to work with wraparound support entities to ensure safe care for children in the event that schools decide not to open. Educators, policymakers and communities must work together to
find a solution that is in the best interest of students and the hard-working
teachers across our state.
1.
Can
teachers legally participate in a work stoppage?
Generally,
yes, as long as the work stoppage is not utilized as a means to resolve
differences with the local school district board of education. See 70 O.S. § 509.8
2. What
are the consequences, if any, of a school district not meeting the requirement
in state law for 180 days/1080 hours in the calendar year?
Oklahoma
law provides that school shall be in session and classroom instruction offered
for not less than one hundred eighty (180) days or not less than one thousand
eighty (1,080) hours. See 70 O.S. §1-109.
Further, state law requires that any school district that does not maintain
school for a full term (i.e., 180 days/1,080 hours), shall have its State Aid reduced
proportionately. See 70 O.S. § 18-110
3. Is
there an exception to the requirement of reducing state aid of a school
district not meeting the requirement in state law for 180 days/1080 hours in
the calendar year?
The State Board of Education may waive the mandatory
reduction of state aid of a school district not meeting the requirements for
the calendar year only when conditions beyond the control of school authorities
make the maintenance of the calendar-year term impossible. A voluntary work
stoppage does not meet the requirements to qualify for the waiver.
Importantly, if schools choose to change their calendar in
order to make up days, they will need to ensure they have local school board
approval and update those changes in the WAVE.
4.
What
potential impacts are there if a work stoppage prevents the state from
administering statewide assessments?
The Every Student Succeeds Act (“ESSA”),
at 20 USC § 6311, requires each state to annually administer certain academic
assessments to all public elementary school and secondary school students in
the State. If Oklahoma fails to annually administer the required assessments,
the United States Secretary of Education (the “Secretary”) may withhold federal
funding until the State becomes compliant with the requirements of ESSA. While
the Secretary has the authority to waive testing requirements, it is not
assured and may be unlikely in these circumstances.
Furthermore, ESSA requires that each
state annually measure the achievement of not less than ninety-five percent
(95%) of all students who are enrolled in public schools on the federally
mandated assessments (i.e., the statewide system of student assessments). For
purposes of measuring, calculating and reporting, Oklahoma must factor the
greater of 95% of full academic year (“FAY”) students enrolled or the number of
students participating in the assessments. See
20 USC § 6311(c)(4)(E). Stated
otherwise, if a school only tests 75% of FAY students, this
would be equivalent to 20% of students receiving a zero on the statewide system
of student assessments. In addition, for purposes of the State’s accountability
system, anything below 95% of all students participating in the statewide
system of student assessments will result in a minus on the school’s overall
letter grade.
Finally, if the State is not able to administer the
state assessments, this may potentially impact other accountability
requirements, including but not limited to identifying schools in need of
improvement. Failure to comply with these additional requirements could further
jeopardize Oklahoma’s receipt of federal education funds. In the event of noncompliance, the Secretary could attach specific
conditions to Oklahoma’s federal grant, or withhold administrative or
programmatic funds in the event of noncompliance with testing or other
provisions of federal law.
If a work stoppage occurs, we will be in
conversations with the Secretary to best ensure there is a limited impact on
the federal funds Oklahoma schools receive.
5.
Is
the State working to modify the date(s) for administering of statewide
assessments?
No,
it is not anticipated that the State can modify and/or change the date(s) for
administering state assessments. Rather, State-level assessments will proceed
based on this schedule. The testing dates for ACT and SAT were set in the state vendor contracts. In addition,
Oklahoma law requires the State Board of Education to provide preliminary
results for all statewide assessments to school district no later than June 1
of each year. See 70 O.S. § 1210.508(H)(2).
Furthermore, the 2018
AP Exams are set by College Board and will be administered over two weeks in May: May 7-11 and
May 14-18.
6. In addition to state assessments, what
federal laws are potentially implicated due to a work stoppage?
ESSA and the Individuals with Disabilities Education Act (“IDEA”), as well as
other federal programs, flow to states and then school districts under formulas
that are, in the immediate term, unaffected by work stoppages. The funds will
continue to be available to Oklahoma.
7.
What,
if any, potential implications are there specifically relating to the provision
of instructional and related services to students with disabilities pursuant to
the IDEA?
District Reporting and Submission Requirements for Special
Education
District reporting
and submission requirements for Special Education will not be adjusted.
However, training dates affected by a teacher walkout may be rescheduled and
additional opportunities for training on reporting and submission requirements
will be offered.
FAPE
It is imperative that students with disabilities receive a
Free and Appropriate Public Education (FAPE) according to their Individualized
Education Program (IEP) and that compliance with IDEA be maintained. If a district
does not make any changes to their calendar and does not provide the required
1,080 hours or 180 days, said district may need to provide compensatory services
to students on an IEP in order to ensure FAPE.
Students who
receive services at a private school through an Individualized Services
Plan (ISP) must still be provided services as outlined in the ISP or offered
compensatory services.
IEP and Evaluation Timelines
IEP annual due
dates may not be adjusted. IEPs are required to be reviewed at least
annually. A change in the school calendar will not affect or extend the
due date of an IEP. This does not prevent an IEP from being conducted
prior to the annual due date and therefore adjusting the next annual due
date.
Initial Evaluations must be completed within 45 school days
of receiving an initial parent consent for evaluation. If the school calendar
is changed, the due date for the completion of Initial Evaluations will
change.
Reevaluations must be conducted every three years. A change
in the school calendar will not affect or extend the due date of a
reevaluation. This does not prevent a reevaluation from being conducted
prior to the three-year due date and therefore adjusting the next due
date.
For children with disabilities transitioning from
SoonerStart and determined eligible for services under the IDEA Part B, IEPs
must still be in place on or before their third birthday.
Alternate Assessment
The Dynamic Learning Maps Alternate Assessment window is
March 12 - May 4. This window will not be adjusted.
8.
What
options exist relating to existing school meal programs?
School
Food Authorities (“SFA”) may utilize the following options with respect to
their United States Department of Agriculture programs:
Seamless
Summer Option (SSO): Should the SFA choose to use the SSO, permission is
also granted to allow service of meals at either school sites or non-school
sites. SFAs must apply for the option by contacting Child Nutrition
Programs at (405) 521-3327.
Child
and Adult Care Food Program (“CACFP”) At Risk Program: SFAs currently operating
the At Risk program may serve and claim a meal and/or snack under this program. This choice could require updating the application as to a meal change.
Participation
in any of these options requires that sites be located in the attendance area
of a school with a population of 50% or more students qualifying for free or reduced
lunch.
Should
the SFA desire to pursue continuation of food service during the teachers’ work
stoppage, please contact Child Nutrition Programs at the number above before
March 21.
9. If
there is a work stoppage and school districts make up school days after the currently
scheduled school year, what are the impacts of student absences (i.e., will an
absence be excused or unexcused if a student is absent due to previously
scheduled family plans)?
This
is a matter of local determination, to be determined on a district-by-district
basis.
10.
Will
teachers continue to be paid during any work stoppage?
Unless
the school days are made up this school year subsequent to any work stoppage,
school employees would not be able to receive new compensation while there is a
work stoppage. See Okla. Const. Art.
X, §15.
Further,
if a school district continues operations but some or all staff engage in a
work stoppage, Oklahoma law requires that if a teacher is absent for a reason
of personal business, the school district shall deduct from the salary of the
teacher only the amount necessary to pay a substitute. See 70 O.S. § 6-105
11.
What
will occur relating to graduation ceremonies, extracurricular/co-curricular
activities and after-school programs?
These
are matters of local determination, to be determined on a district-by-district
basis. For example, local school boards
determine whether students have met local and state graduation requirements. Additionally,
each local board of education can authorize the continuance of extracurricular,
co-curricular activities and/or after school programs such as 21st
Century Community Learning Centers.
12.
Questions?
Patrons
with questions specific to a program should contact that program office
within the Department. Patrons with questions relating to a legal matter should
contact Brad Clark, General Counsel, at (405) 521-4906, and those with other
questions are requested to contact Annette Price, Constituent Services
Specialist, at (405) 521-6647.
Best regards,
Joy Hofmeister
State Superintendent of Public Instruction
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