House Passes Bill to Stop Social Promotion of Third Graders Who Can't Read

House Bill 1550 requires that if a third-grade student is not reading at grade level, the student will be asked to participate in a summer reading academy or other program designed to assist the student in attaining grade-level reading skills. 

House Bill 1550 by Rep. Sally Kern and coauthored by Rep. Nelson passed the House of Representatives today 67-26.

If the student does not participate, the student will be retained in third grade and a new program of reading instruction will be developed for the student. If the student does participate in the summer program but doesn’t successfully complete competencies, the student will be retained in third grade and provided alternative reading instruction. In addition, students who score unsatisfactory on the reading portion of the third grade criterion-referenced test, will be retained in the third grade and provided alternative reading instruction.

Parents of students who are not reading at grade level or who scored unsatisfactory on the reading portion of the test will be notified that the student will be retained if the reading deficiencies of the student are not remediated, reasons the student is not eligible for a good cause exemption, description of the program of reading instruction and strategies for parents to help students.

Good cause exemptions will be limited to:

1. limited English-proficient students who have had less than two years of instruction in English.
2. students with disabilities whose Individualized Education Plan indicates that participation in the statewide criterion-referenced test is not appropriate
3. students who demonstrate acceptable levels of performance on alternative assessments
4. students with disabilities who have IEPs and were previously retained in kindergarten, first grade, second grade or third grade for two years.
5. students who have received a program of reading instruction but still demonstrate a deficiency and were previously retained in kindergarten, first grade, second grade or third grade for two years.

The bill also provides for reimbursement for remediation for students who are retained in third grade.

HB 1550 now goes to the state Senate for consideration. 

Senior Property Value Freeze Passes House Vote on Way to the People

A resolution that would send a property tax valuation freeze for Oklahomans over the age of 65 to a vote of the people Passes the House today 82-13.

Bill Summary: HJR1001 by Rep. David Dank, R-Oklahoma City, directs the Secretary of State to refer a proposed constitutional amendment to a vote of the people. The constitutional amendment would allow people aged 65 and older, regardless of their income level, to qualify for a property tax benefit so long as they own and occupy the property. For the purposes of property taxes, beginning January 1, 2013 the fair cash value of the property would not increase above the value placed on the property in the year the owner turned 65 years old; any improvements made would be added to the assessed value.

Session Highlights from Last Week

House Votes to Reduce Taxpayer Cost of Highway Memorial Signs

Lawmakers voted this week to require groups requesting or sponsoring a highway or bridge sign to pay for them.

House Bill 1666 is designed to reduce the added expense to the state during the budget downturn. It passed 88-9.

The measure was amended to exempt situations honoring military heroes killed in action.

According to the Oklahoma Department of Transportation, the state currently spends about $1,600 apiece for large signs on interstates and $400 per sign for those on other highways.

Board of Education Reform Advances

Representatives Approve Changes to Nursing Practice Act

Rep. Pat Ownbey
R-Ardmore

Legislation approved by the Oklahoma House of Representatives would modify the Nursing Practice Act to bring it more in line with regulations nationwide.

State Rep. Pat Ownbey, who authored the bill, said bringing the board and certification requirements in line with national regulations will ensure that nurses in the state are qualified for federal positions and employment with national companies.

“Oklahoma’s law just needs to be in line with national regulations and guidelines,” Ownbey, R-Ardmore, said. “This will help those who are seeking employment as a nurse to be able to work anywhere in the country and allow those coming in from out of state to be met with guidelines that they are familiar with. It’s basically a jobs bill.”

House Bill 1275, by state Rep. Pat Ownbey, would standardize the titles and roles of nursing professions that the State Board of Nursing can license or certify and create provisions for the licensure of advanced practice registered nurses and advanced unlicensed assistants. It would also clarify that no single fee for a license or certification be more than $125.

One of the more important provisions would be updating the criminal background check requirements, Ownbey said.

“The legislation contains many changes to update our nursing certification laws, but the background check changes are a key safety issue,” Ownbey said. “The new background checks will be more thorough and catch people that might have slipped through the system in the past.”

House Bill 1275 would also:

• Require that applicants for RN and LPN licenses be at least 18 years of age;
• Give the State Board of Nursing the ability to authorize or deny prescriptive and drug-related authority;
• Authorize the State Board or Nursing to discipline a license holder if the person defaults on the Peer Assistance Program or violates rules on professional boundaries with patients or sexual misconduct;
• Authorize the executive director to rescind the license of someone not entitled to it and suspend the license of certain incarcerated persons until action has been taken on reinstatement requests;
• Redefine nurses licensed in another state who can practice temporarily in Oklahoma; and
• Authorize the Board to recognize graduates of certain nursing education programs as qualified and promulgate related rules.

Ownbey said he was pleased to receive unanimous support of his bill.

“It was nice to sponsor a nonpartisan, win-win bill,” Ownbey said. “My hope is that this legislation will make things a bit easier for nurses in the state and entering the state.”

Superintendent Barresi Explains Why We Should Not Delay ACE Graduation Requirements

Weekly Message from Supt. Janet Barresi 3.11.2011 from OK Dept. of Education on Vimeo.

State of Oklahoma Announces Launch of OK.gov Twitter

Follow Oklahoma Government Tweets @okgov

OK.gov, Oklahoma’s official website, announced today the creation of an account on the popular social media platform Twitter at http://twitter.com/okgov. Through Twitter, OK.gov will be able to quickly and efficiently notify the public regarding state agency news, Oklahoma government online services, and information affecting Oklahoma citizens during weather related events.


“This is a great opportunity to allow the public to be connected to information regarding Oklahoma government and news from our state agencies,” says Alex Pettit, State Chief Inf
ormation Officer. “This form of technology allows people to become informed conveniently and in a timely manner.”

The announcement of an OK.gov Twitter account comes after the announcement that Oklahoma state and local government entities can now use the social media website Facebook. OK.gov plans to open a Facebook account in the near future.

“These two social media platforms provide Oklahomans an opportunity to keep up with developments in state government as the administration of Gov. Mary Fallin pursues a policy of transparency in government on many levels,” said Preston Doerflinger, director of the OSF and secretary of finance.

To follow OK.gov’s Twitter, visit http://twitter.com/okgov and select the “Follow” button. Once following, citizens will receive real-time access to tweets regarding state agency news and Oklahoma government.

Treasurer Miller Appoints Investment Advisory Committee

Treasurer Ken Miller

State Treasurer Ken Miller has announced the appointment of a committee to advise him on investment of the state’s $5 billion investment portfolio. Miller said the goal of the five-member committee is to examine the state’s portfolio structure and provide recommendations to maximize investment returns given changing market conditions.

“With our macro environment transitioning from a recessionary to a recovering economy, the committee will complete a thorough review of the state’s current investment allocations and make suggestions on how best to restructure our portfolio to maximize the return on the taxpayer’s dollar,” Miller said.

Former State Treasurer Scott Meacham will chair the committee. Other members of the committee include: Bob Neville, Executive Vice President of Investments for BancFirst; Gordon Sellon, PhD, former Federal Reserve economist and professor of economics at Oklahoma City University; Robert Thomas, Chief Investment Officer for George Kaiser Family Foundation and James Wilbanks, PhD, Executive Director of the Oklahoma Teachers Retirement System.

In the current fiscal year, the office is projected to earn $92 million on its investments. Earnings for next fiscal year are estimated to be $96 million.

Miller said the committee held an organizational meeting recently in the treasurer’s office. Plans are for the panel to meet monthly for the next year.

“In this challenging investment climate where market returns are expected to be low and potentially volatile, I am confident this committee’s vast investment and economic experience will add significant value. I appreciate their service and look forward to working with them in the coming year,” Miller said.

Governor's Plan to Save $3.6 Million Approved by Committee

Governor Mary Fallin

Governor Mary Fallin’s proposal to modernize the state’s vendor payment system and save $3.6 million per year has been approved by the House of Representatives’ Government Modernization Committee.

House Bill 1086 proposes to utilize electronic payments methods such as direct deposit to pay the state’s thousands of vendor invoices. The bill is sponsored by state Reps. Jason Murphey (R-Guthrie), Josh Cockroft (R-McLoud), and state Sen. Clark Jolley (R-Edmond).

Fallin called on legislators to approve the reform during her State of the State address. Fallin proposed the change after the Office of State Finance indicated that the state could be spending up to $13.50 per vendor payment for each payment made using traditional paper conveyances such as payment warrants. This compares to electronic payments which cost the state approximately 5 cents per transfer.

Currently, approximately 230,000 checks are made with traditional paper payment conveyances. If House Bill 1086 is approved, it will require nearly all vendor payments to be made by electronic payment with an estimated savings of $3.6 million each year.

“This is an important reform,” Murphey explained. “This should have occurred several years ago and I appreciate the leadership of Governor Fallin and Treasurer Miller in introducing and supporting this innovative reform.”

In addition to the electronic payment proposal, House Bill 1086 represents an omnibus approach to using technology to enable taxpayer savings through efficiencies and spending transparencies. It includes Governor Fallin’s proposal for a shared state payroll system, which is also estimated to save at least $2 million each year, the placement of common education spending transactions on the data.ok.gov website, and a one-stop shop for many state documents and annual reports to be located in a searchable format for easy purview by the taxpayers at the website documents.ok.gov.

House Bill 1086 was approved by a vote of 11-1 in the last committee vote to take place before the 2011 House committee House Bill consideration deadline and now goes to the full House for approval.

Lt. Governor Lamb Named to Leadership Position by National Lieutenant Governors Association

Lt. Gov. Todd Lamb

Lt. Governor Lamb was named this week to the leadership committee for the National Lieutenant Governors Association (NLGA).  Lt. Governor Lamb will now serve as Chairman of the South Region for the NLGA Executive Committee.

“Lt. Governor Lamb was appointed bi-partisanly from among his peers,” said NLGA Executive Director Julia Hurst. “This affirmation of him by NLGA leadership speaks to the immediate and positive impact he made among his peers.”

The South Region includes Texas, Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Virginia and West Virginia.

“Oklahoma continues to have a vision of growth that moves our state forward and gives us recognition nationwide,” said Lamb.  “The opportunity to not only represent Oklahoma in the NLGA, but also champion who we are and what makes our state great is an honor.”

NLGA’s leadership committee is responsible for charting the course of issues and training to be pursued by the nation’s second-highest state officeholders. In addition to its specific duties, the committee will also address issues of mutual concern to all members.

“Through the National Lieutenant Governors Association, lieutenant governor colleagues across the nation work to share ideas and best practices that help each state in their work,” says Maryland Lt. Governor Anthony Brown, the NLGA Chair.  “The position of lieutenant governor is one through which innovative partnerships can be formed to exert influence and deliver substance to the constituents of the states and territories.” 

NLGA is a bi-partisan organization promoting regional collaborations and problem solving for almost 50-years. See www.nlga.us. 

Lawmakers Call for Putting More Money in Classroom

Seek second vote for 65 percent of school budget to go to classrooms

Two state lawmakers today called for reforms that could potentially redirect millions from administrative costs to actual classroom needs.

“The sole reason schools exist is to provide an education for our children and, so, by extension to employ teachers. It is totally reasonable to expect that a large portion of the nearly $5.5 billion we spend on our public school system directly benefits students,” said state Rep. Jason Nelson, R-Oklahoma City. “I believe that the Legislature has a fiduciary and even a moral obligation to the students, teachers and taxpayers to ensure that a minimum amount of education dollars go to directly educate children.”

“We spend over half the state budget on education, yet much of that money never goes to our teachers or students,” said state Rep. David Brumbaugh, R-Tulsa. “We cannot continue to allow money to be needlessly wasted on administrative bloat.”

House Bill 1746, by Nelson and Brumbaugh, would require schools to eventually spend at least 65 percent of funds on direct instructional activities.

Under the bill, direct instructional activities would include things such as teacher salaries, textbooks, tutors, classroom computers, teacher’s aids, and similar expenses.

The legislation would also require school districts to receive prior approval before they could eliminate teaching positions.

Currently, records show that many school districts in Oklahoma spend less than 65 percent of their budgets on direct instructional activities.

In fact, more than 100 school districts spend less than 50 percent of their budgets on the classroom.

“The questions I never hear asked about education spending is, ‘How much money is enough and how much money should go to the classroom where it benefits students and teachers?’” Nelson said. “House Bill 1746 attempts to answer the second question.

“Every year we hear that we need more money for schools or teachers or most often for the children,” Nelson continued. “That’s why I’m running this bill this year. This bill directs more of the existing money to the classroom and also provides additional protections for teachers in the event school budgets are cut. With the possibility of more budget cuts to education this year I think it is extremely important to protect classroom teacher from RIFs.”

Rep. David Brumbaugh
R-Tulsa

Brumbaugh said the failure to put money in the classroom harms students and generates additional taxpayer expenses.

“Currently, 28 percent – almost three out of every 10 Oklahoma students – do not graduate from high school,” Brumbaugh said. “That failure rate ultimately costs Oklahoma $3.8 billion in lost wages along with billions of dollars in state aid and benefits paid to support under-educated.”

He said even students who do attend college are often set up to fail under the current system, with 18 percent of college freshmen having to go through remedial education that covers material students were supposed to learn in high school.

“These numbers should concern every Oklahoman because for almost a quarter of a century the taxpayer has been sold a bill of goods about our education spending while the actual use of their hard-earned tax dollars was disguised with a ‘shell game,’” Brumbaugh said. “Our test scores have not gone up, but down. It’s time to change the system.”

Brumbaugh noted that Oklahoma ranks 45th out of 50 states in “Chance for Success” from Education Week Magazine, and said House Bill 1746 would begin to improve those statistics while giving parents better information on how school funds are being expended.

“Transparency is not a privilege – it is a right,” Brumbaugh said. “We need to start getting dollars to the classroom where the money belongs. The funds should follow the kids. When the state spends so much on education we have a fiduciary responsibility to the taxpayer to be good stewards of their money and get the resources where they belong.”

House Bill 1746 failed to receive the necessary majority vote in the House of Representatives on March 9. Nelson and Brumbaugh plan to bring the bill up for reconsideration next Monday and have begun to visit with members who voted against it to answer their questions.

“I would encourage everyone to call their state representatives and encourage them to vote to reconsider and in favor of HB 1746,” Nelson said.

Please encourage your Representative to support HB 1746, make students and teachers a funding priority

House Bill 1746 failed to get enough votes to pass Wednesday in the Oklahoma House of Representatives. A second vote is planned in the next few days.

House Bill 1746 requires that starting with the 2014-2015 school year school districts spend at least 65 percent of the total yearly expenditures on direct instructional activities. The bill also requires that prior to districts implementing a reduction-in-force that will eliminate teachers involved in direct instruction school districts must get approval from the State Board of Education.

I plan to reconsider the vote on Monday. Reconsideration is a procedural motion that seeks a new vote on legislation if the first vote failed to gain a majority vote. House Bill 1746 coauthor Rep. David Brumbaugh, R-Broken Arrow, and I have already started to work with representatives in an effort to gain their vote.

We need your help.

Please call or email your state representative and encourage them to vote in favor of reconsideration and HB 1746.

Click here to find your state representative - scroll to the bottom of the House website and enter your address.

Click here to see how your representative voted

Steele’s Legislation Requiring Background Checks in DHS Cases Unanimously Passes House

House Speaker Kris Steele, R-Shawnee, comments on HB 2136 approved yesterday by the House of Representatives which, in part, requires the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.

”Background checks are the most simple and sound step we can take to ensure children in vulnerable, at-risk situations are placed in a safe home when they are reunited with their family.

“Another crucial part of the legislation is to execute concise and consistent communication among the several state agencies involved with these cases. Sharing service reports will help equip those determining placement and hopefully prevent any child from slipping through the cracks.”


NEXT STEP:
House Bill 2136 passed the House 97-0. It now proceeds to the Senate for consideration.

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

Senate Pensions Committee Gains Bi-Partisan Support for Proposals

Endorses Major Reforms Capable of Reducing the Unfunded Liability by Billions

Legislators continue to work on a plan that will address Oklahoma’s $16 billion of unfunded pension liability. The Senate Select Committee on Pensions met Thursday to discuss major reforms to the system and listen to input from experts within various pensions affected by the current system. The Senate is targeting reforms that will guarantee current workers receive all of the benefits that were promised them when they entered the system.

Among the ideas presented, committee members applauded a plan to require that cost of living adjustments, or COLA’s, be funded before they can be implemented. Actuarial analysis determines that Oklahoma’s unfunded teacher pension liability would drop from $10.4 billion to $7.5 billion immediately.

Committee members agreed that employees deserve to have COLA’s and that they equally deserve to have COLA’s that are funded.

Chair of the committee, Sen. Mike Mazzei, R-Tulsa, said that Oklahoma’s dedicated teachers, state employees, police officers and firefighters deserve to have legislation that addresses the issue without taking away promises that were previously made. “We are going to honor the contract we have with current employees,” said Mazzei.

Sen. Sean Burrage, D-Claremore, said that Oklahoma has an opportunity to put our state pensions on a road to solvency and be the envy of the nation. “We are coming together with a consensus that we cannot continue to put our state workers in this position,” said Burrage. “We are addressing this issue with respect to the workers and the taxpayer and I appreciate the honesty and frank discussions each side has presented.”

Sen. Brian Crain, R-Tulsa, noted that of the state’s six pension plans, four were in reasonably good shape. “The firefighters and teachers retirement systems are the two that require the closest attention,” Crain said. “Senator Mazzei’s committee is working to keep what’s good in our pension plans and to correct what isn’t.”

Goals of the Select Committee on Pensions include:

• Reduce Oklahoma’s unfunded pension liability
• Avoid the risk of a massive tax hike
• Avoid budget cuts to pay for unfunded liabilities
• Propose reforms that establish a stable, long-term pension model for Oklahoma

For more information contact:
Sen. Mazzei: (405) 521-5675
Sen. Burrage: (405) 521-5555
Sen. Crain: (405) 521-5620

Location:NW 58th St, Oklahoma City

Measure to eliminate school district carryover limits heads to Senate

Legislation to provide financial assistance to school districts around the state passed out of the Senate Appropriations Committee Wednesday. Senate Bill 80, by Sen. Gary Stanislawski, would remove the limit on school district carryover funds helping provide schools with more funding.

“Currently, schools are draining their general funds in order to avoid being


penalized by the state and having their State Aid reduced. By eliminating the carryover limits, schools could act responsibly and save their money for future budgetary needs,” said Stanislawski, R-Tulsa.

Under current law, a school district’s State Aid is reduced each year by the amount of carryover funds in the district’s general fund if the district exceeds certain standards for two consecutive years.

“During hard economic times like the ones we’ve been facing, schools need all the tools they can get to help make ends meet and be able to pay their bills and avoid laying teachers off,” said Stanislawski. “SB 80 is one of the tools that will help schools deal with budgetary issues by allowing them to hold on to money - creating a safety net for future expenses.”

SB 80 now moves before the full Senate.

Committee approves Oklahoma Equal Opportunity Education Scholarship Act

The Senate Finance Committee on Tuesday approved a proposal intended to broaden the number of private school scholarships awarded to children from low-income households.




Sen. Dan Newberry, author of Senate Bill 969, said the proposal would establish a tax credit to incentivize greater contributions to scholarship funds.

“As we work to improve our schools, I believe it is important that we also open the door to expanded educational opportunities for children and families,” said Newberry, R-Tulsa. “We want to strengthen the ability of families to direct their child’s education. Expanding freedom of choice can help remove the barriers that keep so many children from reaching their potential.”

Newberry said the measure would authorize tax credits on contributions to scholarships for qualifying low-income and eligible special-needs students.

“We owe it to our students to pursue reforms that give them the greatest opportunity for educational success,” Newberry said. “As we consider those reforms, we cannot forget that our efforts are ultimately about helping children build better lives. I believe this legislation reaffirms our commitment to that goal.”

Senate Bill 969 now advances to the full Senate for consideration.

Location:NW 58th St, Oklahoma City

Sen. Brecheen to seek A.G.’s opinion on funeral picketing bill after Supreme Court ruling favoring protestors

Following a U.S. Supreme Court decision upholding the free speech rights of funeral picketers, State Sen. Josh Brecheen said Wednesday he would ask for an Attorney General’s opinion on his legislation which would double the time moratorium and distance such protests can be held at Oklahoma funerals.

“I don’t believe there will be a problem. This isn’t a new idea. We’re just expanding


on the original law that was first carried by Senator Mike Mazzei several years ago,” said Brecheen, R-Coalgate. “I believe the A.G.’s opinion will show this law does not interfere with free speech, but it will give even greater protection to grieving families.”

Current law bans protestors from picketing funerals for an hour before and after the service. They’re also prohibited from picketing any closer than 500 feet of where the funeral is being held. Brecheen’s legislation, Senate Bill 406, increases the moratorium on picketing to two hours before and after a service and increases the distance to 1000 feet. The measure was approved unanimously by the full Senate on Tuesday.

The case before the Supreme Court was a lawsuit filed by a grieving father of a fallen soldier against members of the Westboro Baptist Church. The father had originally been awarded $11 million from the group for intentional infliction of emotional distress.

That amount was later reduced to $5 million, and eventually a federal appeals court threw out the award saying the Westboro Church could not be sued because of their First Amendment right of free speech. In an 8 to 1 decision, the U.S. Supreme Court agreed.

“This case really didn’t impact funeral picketing laws like we already have in Oklahoma. I believe the Attorney General will concur that this is a Constitutional proposal,” said Brecheen. “There have already been news reports that the Westboro Church intends to quadruple their funeral protests after this ruling. Since our state is just south of their Kansas headquarters, we need to do everything we can to shield grieving Oklahomans.”

Location:NW 58th St,Oklahoma City,United States

Session Highlights from Last Week

Bill Would Require Criminal Background Checks in DHS Foster Care Cases


Legislation approved by a committee this week would require the Oklahoma Department of Human Services (OKDHS) to conduct criminal background checks on all adults living in a home before a foster child is reunited with a parent.
​
The bill was prompted by the case of seven-year-old Aja Johnson, who was found dead in a wooded area in rural Norman roughly a year ago. Aja’s stepfather, Lester Hobbs, had a violent past that ultimately included killing his daughter.

House Bill 2136 is designed to deter similar tragedies in the future.
​
The bill directs DHS to conduct a safety analysis upon receipt of a report that a child may be abused or neglected. The analysis must include a criminal background check of any adult known to be in the home of the child and inquiries into Oklahoma State Bureau of Investigation and Federal Bureau of Investigation records.

​The measure also requires service provider progress reports submitted to the court be delivered to each party involved in determining the placement of a child. In addition, the measure permits the Oklahoma Commission on Children and Youth to disclose any previous child welfare encounters or investigations involving a child who has died or nearly died.

Legislative Leaders Push Forward with Lawsuit Reforms

Erin Elizabeth Swezey Act bill passes committee unanimously; Family announces Erin's Hope Foundation

Family of 20-year-old killed by drunk driver seeks to increase penalties for drunk driving

One day after the Senate Public Safety Committee passed Senate Bill 529, the Erin Elizabeth Swezey Act, the family of Erin Swezey announced it has established the Erin’s Hope Foundation. Erin Swezey was hit and killed by a drunk driver on April 4, 2009. She was a 20 year old student at Oklahoma State University.

Erin’s parents, Keith and Dixie Swezey, contacted State Sen. Clark Jolley and Rep. Jason Nelson who authored the bill that would significantly change the penalties for DUI convictions, including requiring a "brand" of "DUI conviction" be put on driver licenses or identification cards of people convicted and requiring an ignition interlock on the first conviction.

“While we are very happy to see this important legislation pass through the committee unanimously, this is just the first hurdle,” said Keith Swezey. “I want to remind everyone to continue to spread this message and contact their legislators in support of the bill.”

Part of funds from the settlement, including a contribution by the Hudiburg Auto Group, will be used to contribute to the work of a foundation in Erin’s honor. The Erin’s Hope Foundation, founded last year, will be used to educate the public and legislators concerning legislation to prevent drunk drivers from causing accidents like this in the future. The foundation will also be used to honor God and Erin's memory by providing scholarships and funding for missions activity in the United States and abroad.

Erin Swezey

“By establishing the Erin's Hope Foundation, we hope legislation will be enacted that will prevent this horrible tragedy from happening to another family,” said Keith Swezey. “It is a way for us to honor Erin and keep her memory alive.”

“On behalf of the entire Hudiburg family and our employees, we are so sorry for this tragedy that shortchanged this beautiful life,” said David Hudiburg, president of the Hudiburg Auto Group. “Driving under the influence of alcohol or any substance is wrong and this loss is senseless. We are in support of the Erin Elizabeth Swezey Act, Senate Bill 529, and encourage the state legislature in both houses to pass it and send it on to the Governor for signature.”

The Swezey’s have launched a Facebook page, “Erin Swezey Act,” to educate the public about the bill and its progress in the legislature. There is also a website dedicated to the legislation, erinswezeyact.com. Updates on the legislation are also being posted on Twitter.

House Lawmakers Vote to Give School Grades

Member of the Oklahoma House of Representatives voted today to implement a new grading system – for schools, not just students.

Under House Bill 1456, by state Rep. Lee Denney, Oklahoma’s public schools would be given an annual grade of “A” to “F” based on student performance on state tests.

Rep. Lee Denney

“For too long, people have simply talked about education reform; today, the members of the House actually did something to move our state forward, and I appreciate their support for this bill,” said Denney, a Cushing Republican who chairs the House appropriations subcommittee on education. “The new letter-grading system will provide a measurable, concrete way for parents to obtain a true apples-to-apples comparison between local schools.”


Under the legislation, annual reports would be issued giving letter grades to schools based on student performance on the Oklahoma School Testing Program.

The grades would be as follows:

• “A”  means schools making excellent progress;
• “B”  means schools making above average progress;
• “C” means schools making satisfactory progress;
• “D” means schools making less than satisfactory progress; and
• “F” means schools failing to make adequate progress.

Schools receiving an “A” or those that improve at least two grade levels in a year would be rewarded by granting them greater authority over the allocation of the state-funded portion of the school’s budget.


Each school’s grade would be based on a combination of student test scores on all criterion-referenced tests and end-of-instruction tests, student learning gains in reading and mathematics, and improvement of the lowest twenty-fifth percentile of students in reading and mathematics.


For high schools, 50 percent of the school grade would be based on the above-listed factors and the other half of the grade would be graduation rates, student performance on the ACT and SAT, and similar factors.


“Assigning each school a letter-grade will help clearly identify success stories in our education and encourage other schools to duplicate their strategies, improving student performance across Oklahoma,” Denney said. “AllOklahoma children deserve access to a quality education, and this bill will help make that possible.”


House Bill 1456 passed the Oklahoma House of Representatives on a 65-32 vote.

Parents hope ‘Erin Elizabeth Swezey Act’ will save lives

An Edmond couple is hoping stronger DUI laws can help prevent other families from enduring their heartbreak.  Keith and Dixie shared their story at a State Capitol press conference Wednesday.

Erin Swezey

On April 4, 2009, the Swezey’s 20-year-old daughter, Erin, was hit and killed by a drunk driver whose blood alcohol content (BAC) was more than three times the legal limit.  The driver, a 32-year-old metro man, had just rear-ended another car.  In an attempt to flee that accident, he turned his vehicle around and began driving over 100 miles per hour on the wrong side of the Kilpatrick Turnpike, hitting Erin’s car head-on.  He also died in the collision.

“The fact that his BAC was .29 was shocking enough, but a quick search on the Internet revealed he had a history of drunk and reckless driving arrests starting when he was just a teen,” said Swezey, Professor of Mass Communications at the University of Central Oklahoma.  “Even though his license was suspended for six years and he couldn’t get insurance, he continued to drive drunk.  Somewhere along the way, he should have been stopped.”

The Swezey’s contacted State Sen. Clark Jolley and Rep. Jason Nelson to push for tougher DUI laws in Oklahoma.      

Keith and Dixie Swezey

“This is not an easy process for us, but we’re willing to share our story for Erin in the hopes of passing legislation that may prevent another family from going through such a senseless tragedy,” said Dixie Swezey.

Jolley is the principal author for Senate Bill 529, the “Erin Elizabeth Swezey Act.”  Under the bill, anyone convicted of DUI would be required to have an ignition interlock device for a period of two years on a first offense.  On a second offense, the device would be required for five years.  Subsequent offenses would mean 8 years of driving with an interlock device.  In addition, the words “DUI conviction” would be on their driver license for as long as the person was required to have an interlock device.

“As a parent, I cannot even begin to imagine what the Swezey’s have endured—but I do know that we have an opportunity to honor Erin’s memory by strengthening our DUI laws,” said Jolley, R-Edmond. “The goal of this legislation is simply to save lives.”

Mothers Against Drunk Driving (MADD) has announced its support of the measure, calling it their number one priority in the Oklahoma State Legislature.

“Oklahoma has the opportunity to take a giant step forward in its fight against drunk driving with the passage of the Erin Swezey Act,” said Laura Dean-Mooney, MADD’s National President. “MADD commends Senator Jolley for authoring this life-saving legislation to help eliminate drunk driving — a 100 percent preventable crime.”

The bill is scheduled to be heard by the Senate Public Safety Committee on Thursday, February 24 at 9:30 a.m. in rooms 419 A and B of the Capitol.  If the measure wins approval, it will next be heard by the full Senate.  Rep. Nelson will serve as principal author of the bill in the House.

“Our hearts go out to the Swezey’s.  This could have happened to any of our families,” said Nelson, R-Oklahoma City.  “Our task is to do everything in our power to make sure this doesn’t happen again.”

The Swezey’s have launched a Facebook page, “Erin Swezey Act,” to educate the public about the bill and its progress in the legislature.  Launched less than a week ago, the page already has more than a thousand followers.  Updates on the legislation are also being posted on Twitter.

Changes to the State Board of Education Pass House Committee

House Speaker Kris Steele authored legislation to reform the structure and responsibilities of the State Board of Education. The Common Education Committee unanimously approved House Bill 2139 today (Tuesday, February 22) which modifies the administration of the State Department of Education. It transfers the administrative control and direction of the Department from the State Board of Education to the State Superintendent of Public Instruction.

“The Superintendent of Public Instruction is an elected official who is accountable to the people and should be allowed to direct the Department’s budget and personnel,” said Steele, a Shawnee Republican. “The Superintendent should be given the ability and prerogative to make personnel decisions in order to carry out her function and goals.”

House Bill 2139 also:

• Allows the State Superintendent to establish divisions and positions within the Department.
• Removes the State Board as the governing board of the Department.
• Requires the State Superintendent to prepare a departmental budget and submit division reports.
• Clarifies and updates language relating to the administrative duties of the State Superintendent.
• Establishes powers and duties of the Superintendent related to the Department.

The State Board of Education would remain in charge of supervising public instruction; overseeing curriculum and implementing education policies advanced by the Legislature.

“According to the constitution, the State Board of Education is given the authority to supervise public instruction,” stated Steele. “We‘re making sure those responsibilities remain intact and feel it’s appropriate that the state superintendent manage the department. We now have a checks and balances in the system in which the superintendent and board will share in responsibilities.”

Steele concluded, “It is important to advance this necessary reform so we can truly begin the important work of improving Oklahoma schools to benefit all children of this state.”

The measure now moves to the full House.

Governor Mary Fallin’s Statement on State Revenue Certification

Governor Mary Fallin today released the following statement after the state Board of Equalization met to certify the latest revenue estimates. New revenue figures show the state will have $106.4 million more than estimated at a previous board meeting in December.
“The revenue estimates certified today show lawmakers will have a budget shortfall of approximately $500 million to make up during the coming fiscal year which is an improvement over previous estimates and gives us hope the economy is slowly recovering,” Fallin said. “But to make sure Oklahoma fully recovers from the national recession, we must continue to streamline and modernize state government, eliminate unnecessary spending and implement pro-business reforms to attract new jobs and more opportunities for working Oklahomans.”

The revenue estimates certified by the Board of Equalization were enough to enact the income tax trigger in state law, meaning the individual state income tax rate will drop from 5.50 percent to 5.25 percent.

“I’m encouraged that revenue collections were enough to ensure the state income tax rate will be lowered to 5.25 percent. These tax cuts will provide relief to Oklahoma families and small businesses and continue to make Oklahoma a more competitive state in today’s global economy,” Fallin said.

Senate Committee Passes Governor’s Workers’ Compensation Bill

Gov. Mary Fallin

Legislation designed by Governor Mary Fallin’s Workers’ Compensation Study Group and authored by Senator Anthony Sykes and Senator Patrick Anderson was unveiled and passed today at a Senate Judiciary Committee hearing. The legislation, SB 878, is a comprehensive overhaul of the current workers’ compensation system and would reduce costs to businesses while maintaining a fair playing field for both workers and employers.

“Oklahoma’s workers’ compensation system is one of the most expensive, least efficient systems of its kind in the nation,” said Governor Fallin. “Unfortunately, it represents a real obstacle to business recruitment and retention and drives jobs out of state. The reforms we are offering today will change that, by reducing medical and legal costs so that employers can spend their money on job creation and business expansion instead of litigation. Our plan creates a system that is fair to both workers and employers, lowers costs and helps us in our mission of creating a better environment for business growth and job creation in Oklahoma.”

The new law offers the first rewrite of Title 85, the statute outlining the current workers’ compensation system, in 34 years. SB 878 would:

· reduce medical and legal costs to Oklahoma businesses
· bring quicker resolution to cases
· require all parties within the system to be held accountable
· shorten the timeline for resolution of cases
· collect accurate data to measure cost-drivers within the system and to aid in future reform efforts
· reduce litigation with an emphasis on alternative dispute resolution such as mediation and the Ombudsman Program

SB 878 Fact Sheet

Foster Care System Improvement Task Force Bill Passes House

Rep. Ron Peters
R-Tulsa

A House bill that creates the Foster Care System Improvement Task Force passed the full House today 92-1. 

The purpose of HB 1359 by Rep. Ron Peters, R-Tulsa, is to review the state’s foster care system and to make recommendations to the Legislature and Governor on the areas of the system that need improvement.

The recommendations will include identification of desired outcomes for children and families in the system, best practices to assist in achieving the outcomes, accountability standards used to measure success in meeting the outcomes and an estimated cost for implementing the recommendations.

The measure now goes to the state Senate for consideration.

Subcommittee Approves Bill to Shift Education Funds to Classroom

Legislation that would require schools to devote a minimum percentage of their spending on direct instructional activities was passed by a House appropriations subcommittee today.

House Bill 1746, by state Reps. Jason Nelson and David Brumbaugh, would require school districts to spend at least 57 percent of total yearly expenditures on direct instructional activities in the 2011-2012 year, at least 60 percent in the 2012-2013 year, at least 63 percent in the 2013-2014 year, and at least 65 percent in the 2014-2015 year and thereafter. School districts could file for a one-year exemption if they could show that they had reduced administrative expenses.

“Education is vital to our success as a state and I am committed to ensuring that taxpayer dollars go directly to benefit Oklahoma students,” said Nelson, R-Oklahoma City. “My legislation will simply ensure instructional spending is prioritized over other expenses, as most Oklahomans would expect it to be.”

Rep. David Brumbaugh
R-Broken Arrow

“We’re setting a percentage of all taxpayer dollars that have to be used in the classroom on direct instructional costs and requiring more fiscal responsibility in the way our schools use our hard-earned tax dollars,” Brumbaugh, R-Broken Arrow, said. “We want to get the resources to the kids that the schools are supposed to be educating.”

The legislation would also require school districts to gain approval for any plan to dismiss or lay off teachers.

“Unfortunately, some school districts address financial pressures by cutting in the wrong places,” Nelson said. “The idea behind this provision would be to ensure teachers are protected instead of administrators or other non-essential staff.”

Nelson said that total yearly expenditures would not include capital construction, debt or bond payments.

“School bonds are a local source of funding and the state should have no say over how local funding is spent,” Nelson said. “My legislation is focused on operating costs.”

The legislation would require school districts to file an annual report to the State Board of Education that would include the percentage of total expenditures that had been used to fund direct instructional activities, the percent of total expenditures used to fund direct instructional activities related to courses that are subject to assessment pursuant to the Oklahoma School Testing Program and the percentage of full-time employees in the district whose job function was to directly provide classroom instruction to students.

“Obviously, accountability needs to be a part of any reform and the reporting ensures that school districts are doing what the new law requires,” Nelson said.

“We spend hundreds of millions of dollars in taxes and in bond issues, but the money never gets to our teachers, students and principals who make our schools succeed,” Brumbaugh said.

House Bill 3393 Petition Created

I became aware of a petition supporting House Bill 3393, the Lindsey Nicole Henry Scholarships, from a google alert this afternoon. I'm not sure who created the online petition but, of course, I  signed. Click here if you would like to visit the online petition. 


The petition language reads: 

Sign this petition if you want every special needs kid to be able to go to the best school for them. House Bill 3393 was a bill started in Oklahoma and modeled after laws like it in Florida and Utah. It states that any autistic child can go to any school of their choice-even if it is outside of their district. If they choose to go to a private school, they would get a scholarship to go there.

Lawmakers Look to Rein in State’s Legal Bills

Legislation approved by a House committee this week could ultimately reduce runaway legal costs for state government.

Rep. Mark McCullough

"When millions of taxpayer dollars are being expended on private law firms, the public should have confidence that those expenditures are legitimate and that contracts are not a sweetheart deal for a politically connected law firm," said state Rep. Mark McCullough, R-Sapulpa. "The reforms contained in my legislation will provide greater safeguards against such potential waste of public money."

House Bill 1223, by McCullough, would create the "Legal Services Reform Act." Under the proposed law, state agencies would have to gain the approval by the Office of the Attorney General for all outside attorney contracts.

If an agency receives permission to seek outside counsel, the contract would then have to go through a Request For Proposal (RFP) process.

In addition, all outside attorney contracts would have to be posted online on the agency’s website within four months. Under current law, contracts of $20,000 and less were exempt from public posting requirements.

"The intent of this bill is to return legal representation of the agencies back to the attorney general’s office, where it was originally vested and intended to reside – not with contract lawyers," McCullough said. "That authority has gradually eroded over the years due to agencies asking for and getting statutory exemptions, and the price tag associated with those outside attorneys has continued to climb."

McCullough, an attorney, previously worked in the Civil Division of the Illinois Attorney General’s office. His role in that office was to defend a variety of state agencies against a wide range of claims.

In recent years, he noted Oklahoma has been criticized by the Wall Street Journal in an editorial noting the lack of transparency in the state’s hiring of private attorneys.

"I know from my own experience that the vast majority of claims filed against an agency can, or could be handled by the agency’s attorney of record – the Office of the Oklahoma Attorney General," McCullough said. "And in those cases where outside counsel is necessary, we should have a transparent process that prevents political influence from impacting a hiring decision."

House Bill 1223 passed out of the House Government Modernization Committee this week. It now proceeds to the floor of the Oklahoma House of Representatives.

List of Education Bills Tracked by the State Department of Education

Click here to link to education bills currently being tracked by the State Department of Education.

Barresi discusses National Certification funding and grading schools on an A-F scale

Weekly Message from Supt. Janet Barresi 2-18-2011 from OK Dept. of Education on Vimeo.