Lawmakers Examine Possible Higher Education Savings

OKLAHOMA CITY (October 11, 2011) – If Oklahoma’s institutions of higher education and state government simply streamlined processes it could result in significant savings on behalf of the taxpayers, presenters told members of the House Higher Education Committee today.

The legislative study on Oklahoma’s colleges was requested by state Reps. Corey Holland and Jason Murphey after higher education institutions were successful in winning exemptions from several government modernization reform initiatives.

Of particular interest to the legislators is higher education’s ongoing exemption from the Oklahoma Central Purchasing Act. A 2006 consultant report from IBM found that the state could save millions of dollars by reforming its central purchasing system and by working with state colleges to leverage spending power.

While the Legislature acted on this report and enacted purchasing system reforms that are saving millions of dollars, the state’s centralized purchasing system has yet to include higher education institutions. It appears that millions more could be saved if state purchasing officials collaborated with Oklahoma’s universities and colleges.

Rep. Jason Murphey
R-Guthrie

Committee members were also told that another important savings opportunity could be realized if higher education’s OneNet fiber network would be consolidated under the state’s centralized technology infrastructure. This network could be used to lower to cost of bandwidth to state agencies and provide a solution to the state’s public safety interoperability challenges.

“As the government modernization effort continues to demonstrate tangible savings on behalf of the taxpayers, it becomes very important for Oklahoma’s policy makers to provide institutions of higher education with access to these money saving processes,” said Murphey R-Guthrie.

Rep. Corey Holland
R-Marlow

“At a time when Oklahoma families struggle to pay the ever-increasing cost of tuition and fees, it makes no sense for our state not to consider real cost savings,” said Holland, R-Marlow. “If by the colleges making some modernization reforms the cost of government for the taxpayers can be reduced, then I believe these reforms should be seriously considered.”

Oklahoma Higher Education exemption subject of legislative interim study

By Billie Rodely at www.CapitolBeatOK.com (Published: 11-Aug-2011) 

Among the 80 interim studies under way in the Oklahoma House of Representatives this year is one which could result in more Legislative control over tuition and fees at the state’s institutions of Higher Education. But that’s a big “could.”

Rep. Jason Murphey

Representative Jason Murphy, a Guthrie Republican, requested the study in order to have a review of statutory exemptions granted to Oklahoma Higher Education entities.

“This year, several legislators were critiquing our Government Modernization reforms based on the fact that Higher Ed had been exempted. I think some of the opposition was tongue-in-cheek,” Murphey said. He thought the members opposed to the reforms used the fact that Higher Ed was exempted in order to camouflage their real agenda.

Representative Murphy believes lobbyists for higher education in Oklahoma are strong enough to have killed the modernization reforms had higher education not been exempted. “We badly needed the reforms and I knew we could not risk having Higher Ed kill our proposal. However, I felt it was important for the legislators to know that we were going to ask for a study to examine the exemptions in order to keep them from throwing the baby out with the bath water and voting against the reforms. This kept us from being attacked from all sides.”

Besides examining and highlighting the number of exemptions granted, Murphey says the state Constitution comes into the picture.

“Higher Ed claims that they are exempted from the application of certain reforms because of the Constitution. If this is the case, then maybe we need to decide if the people should be given the opportunity to vote for a Constitutional change.”

Rep. Corey Holland

The Guthrie Republican says Representative Corey Holland a Marlow Republican, is also on board in support of the interim study and helped push for its approval out of the more than 125 interim study requests made this year.

While Interim Study 1019 is assigned to the House Committee on Higher Education, as of this writing, no hearing on the study has been scheduled. Interim study hearings can be held Tuesdays and Thursdays, with meeting notices posted under existing posting guidelines in the House.

State’s largest teachers union ready to take on school districts after loss of “trial de novo” option

By Stacy Martin and Patrick B. McGuigan at www.CapitolBeatOK.com (Published: 24-Jul-2011)

The legislative authors of bill repealing Oklahoma's “trial de novo” provisions for school teachers say the Oklahoma Education Association’s general counsel is misinforming members of Oklahoma’s largest teachers' union about the new provisions, by asserting its strictures violate the U.S. Constitution’s Fourteenth Amendment right to due process.

"The Oklahoma Legislature does not have the authority to repeal or otherwise change the due process protections that are set forth in the 14th Amendment of the U.S. Constitution," states OEA general counsel Richard Wilkinson in the June/July "Education Focus," the union's member newspaper. 

Also, Wilkinson’s column and another anonymously-written item in the publication remind union members of their asserted right to engage school districts in lengthy, expensive litigation. 

The references are found in the newspaper online at www.okea.org. 

Wilkinson’s legal assistant said he could not comment for this story because he would be on a lengthy vacation and she did not know when he would return.

Rep. Corey Holland
R-Marlow

“What teachers will no longer have after being terminated is a guaranteed new trial which effectively starts the entire process of termination over again,” said state Rep Corey Holland of Marlow. “House Bill 1380 puts the termination decision in the hands of the same folks who do the hiring. This is not an unfair standard in any way.

“In fact, it aligns with how every other public employee in our state is treated. Teachers who believe they are unjustly terminated will have the option, if they choose to pursue it, to have their case heard in a court of law just like everyone else. The Constitution of the United States has not been altered just because Oklahoma passed H.B. 1380, and any legitimate lawyer understands this fact."

In the most recent “Education Focus,” an anonymous item emphasizes that any teacher believing she or he has been wrongfully terminated retains the right to sue school districts, administrators and board members. The brief item notes, “These cases are more costly to litigate for the school district.” 

The bill means that tenured teachers will have the same rights in termination cases as probationary teachers, Wilkinson noted in his column. Because a teacher achieves tenure after teaching three years, tenure provisions formerly provided substantial, virtually automatic job security.

In his column, Wilkinson cited three to four specific instances in which a public school district may be sued – including instances where the district has failed to prove its case. He stated there are “voluminous” additional reasons to do so.

Sen. John Ford
R-Bartlesville

State Sen. John Ford of Bartlesville said, “The district is always subject to a suit if the district does not follow the procedures outlined in the statutes. This is as it should be.”

Oklahoma taxpayers ultimately pick up the tab for school districts’ legal costs. Highly-placed education sources contend school district litigation costs have gotten out of hand in school districts for numerous reasons.

Wilkinson said in his column that legal action against a district, administrators and school board could go on as long as 18 to 24 months, whereas a court appeal is statutorily limited to 63 days.

Sen. Ford disagreed, saying “Mr. Wilkinson talks about…. the trial de novo process to be over in 63 days.” Ford explained, “This is if there are no extensions requested and granted. In fact, many have exceeded the 63 days, some actually lasting over a year.” 

Teachers performing their jobs properly have nothing to fear, lawmakers insist. “Trial de novo” is an optional provisions and is not in place in every state where teachers' unions are powerful. 

Recently, Purcell Superintendent Tony Christian told reporters it cost the district $80,000 and several months of wrangling to terminate a former teacher who was eventually convicted of serious wrong-doing. Criminal proceedings against the individual took law enforcement two years to complete.

The new “trial de novo” law does not mean fired teachers cannot appeal terminations in a court of law. Terminated educators may use the public court system, but will have to start the process anew without automatic resource to trial court after a dismissal. 

The bill becomes law August 26, 2011. It will govern teacher termination efforts for the 2011-2012 school year and thereafter.

Wilkinson's colulmn said OEA had anticipated passage of this legislation. Thus, for several years, the union's delegates have authorized “substantial investments” in a sophisticated arsenal of tools that will virtually transform school board termination hearings into court proceedings.

Holland Urges Careful Use of Test Scores to Evaluate Schools

School performance measures should not rely solely on tests that do not measure individual student improvement, state Rep. Corey Holland said today.

Rep. Corey Holland
R-Marlow

“Test scores are very important and Oklahoma students need to demonstrate a certain level of knowledge,” said Holland, a Marlow Republican who is a former teacher. “But state-mandated test scores are just one piece of the education puzzle. Let’s not lose sight of that reality.”

Holland’s comments follow a massive cheating scandal in Atlanta, where an investigation found that 178 educators provided test answers to students or changed test answers to improve scores.

“The recent discovery of widespread cheating by teachers and administrators in Georgia is a wake up call to all of us,” Holland said. “These adults have been altering tests for years, and the cheating was not limited to just a handful of individuals. Over 100 people were involved, and many of them had previously been heralded as education heroes for the great improvements in their test scores over the years. If Oklahoma focuses solely on test scores we are not getting the complete picture of student achievement either. In Atlanta many assumed the students were doing much better than they actually were. Conversely, I fear many in Oklahoma assume our students are doing much worse than they actually are.”

Holland said Oklahoma tests currently do not provide adequate measurement of student learning and warned against making those tests the sole measurement of schools’ success.

“Oklahoma’s current testing system can compare one year’s class of students to last year’s class, but it currently fails to adequately measure whether a particular student has achieved a full year’s education growth during a school year,” Holland said. “Instead, the test measures if students are at grade-level without making reference to each student’s education status at the start of the year. This is inadequate data. High-stakes testing can make the situation worse by making the focus entirely on a defined level the average student in a given grade should reach.

“Not all development in students occurs at the same rate. Some students do well in some areas early, while others develop a little later. We have all seen this in little league. Does every little league hero wind up being the best in high school? Not often. Academic development often involves the same differences in timing between students as they progress.”

Unless the testing system is improved to provide true measurement of student performance, Holland said relying on test results as the major determining factor in funding and policy implementation could have significant unintended consequences like those seen in Atlanta.

“What occurred in Georgia is inexcusable. The administrators and teachers in Atlanta orchestrated a scheme to defraud their students, parents and the public, and they should be held responsible for their actions,” Holland said. “The lesson to learn is that overemphasizing one aspect of the education process is a mistake. Oklahoma needs to develop a statewide longitudinal data system that takes into account all the learning occurring in a classroom. As education leaders we have a responsibility to make our decisions based in reality. We should also want to measure a student’s total achievement during a school year. A test score is a snapshot in time. The people in Atlanta can now testify how test scores alone don’t always reflect reality.”

Governor Mary Fallin Signs Education Reform Bill Eliminating ‘Trial de Novo’

Bill Allows Under-Performing Teachers to be Dismissed without Costly Legal Appeals Process

Governor Mary Fallin today signed into law House Bill 1380, an education reform measure that makes it easier to dismiss underperforming teachers.


Under the current system, tenured teachers who are dismissed by local school boards can appeal that decision in district court. The appeals process, known as “trial de novo,” assures that dismissing underperforming teachers is both a lengthy and expensive process for schools. HB 1380 eliminates “trial de novo” and reforms the system to allow locally elected school boards to let teachers go without a long and costly appeals process.


Fallin said the bill is the first step in a series of education reform measures she is asking the legislature to send to her desk. Fallin had earlier identified the elimination of “trial de novo” as a priority in her State of the State address.


“This is an important measure that brings more accountability to our school system,” Fallin said. “The vast majority of school teachers are quality educators who deserve our appreciation and our thanks. In the limited instances where a teacher is not performing at a sufficiently high level, however, school boards must be given the power to seek a replacement without the fear of an expensive and lengthy legal battle. We owe it to our children and to taxpayers not to throw up legal blockades that keep ineffective teachers on staff.”


“Education studies have shown that a key factor in student performance is the quality and effectiveness of our teachers. Eliminating ‘trial de novo’ will help to ensure that every teacher in the classroom belongs there. This is a great first step as we continue to look at ways to work with parents, teachers and administrators to hold our schools accountable, raise the bar in education and increase student performance. I am extremely hopeful that our lawmakers will continue to send bills to my desk that achieve those results, including legislation to end social promotion and to establish an ‘A-F’ grading system for our schools.”

Governor Mary Fallin Praises Senate Education Committee for Advancing Key Reform Measures

Governor Mary Fallin applauded members of the Senate Education Committee today for their approval of two bills related to education reform.

HB 2139 defines the responsibilities of the State Board of Education and the State Superintendent of Public Instruction. The second bill, HB 1380, eliminates a legal procedure known as “trial de novo,” thereby simplifying the process of dismissing ineffective teachers. Fallin named the elimination of “trial de novo” as a priority in her State of the State address.

Both measures now proceed to the Senate.

“I applaud the Senate Education Committee for working to approve both of these important bills and I encourage the Legislature to get them to my desk as soon as possible. Signing these bills into law will help to increase accountability in our classrooms, ensure the state of Oklahoma employs qualified and effective teachers, and ultimately work to improve the overall quality of our schools,” Fallin said.

House Votes to Streamline Process to Fire Poor Performing Teachers

State lawmakers voted today to streamline the process for firing poor-performing or ineffective teachers, potentially saving tens of thousands of dollars for state schools.




House Bill 1380, by state Rep. Corey Holland, would increase the power of local school boards. Under the legislation, if an administrator recommends dismissing a teacher, that educator would have the right to a hearing before the local board of education, which would make the final decision on the issue.

“Under my legislation, the process begins when the board hires a teacher, and the process would end with the board if a teacher needs to be fired,” said Holland, a Marlow Republican who is a former teacher. “This empowers local school boards elected by local parents to make the decisions necessary to provide the best education to local children.”

Currently, if a board decides to terminate a contract, teachers can appeal the firing in district court, an expensive and time-consuming process that would be eliminated by House Bill 1380.

Holland noted that the current process to fire even the worst teacher can take more than one year and cost school districts between $80,000 and $100,000 per case.

The Oklahoman recently reported that it cost Purcell Public Schools around $80,000 to fire a teacher later charged with lewd acts with a child.

“With the financial situation facing schools today, most districts will choose to save money and not fire poor performing teachers, leaving them in the classroom to the detriment of students,” Holland said. “The purpose of our schools is student learning. When the decision is made not to pursue firing an ineffective teacher, student learning is negatively impacted. Our children deserve to have a quality teacher in every classroom, and I believe this bill is a strong step towards achieving that goal.”

Teachers would still have several protections not afforded to most private-sector employees, Holland noted. First, teachers would have to be put on a plan of improvement and fail to boost performance before contracts could be terminated. In addition, to be fired teachers would have to demonstrate a clear and continued pattern of misconduct or incompetence.

“At the Capitol, school administrators have advocates who lobby for their causes and teachers have advocates who represent their views, but no one really stands up for the children in our schools,” Holland said. “This bill advocates for the right of students to have a good teacher and a quality education.”

House Bill 1380 passed the Oklahoma House of Representatives on a 69-31 vote today. It now proceeds to the state Senate.

Location:Oklahoma State Capitol