¶0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:
For the purposes of the Teacher Shortage Employment Incentive Program, are participants who teach at Oklahoma technological or vocational centers eligible for benefits under the program?

¶1 In 2000, the Legislature enacted the Mathematics or Science Teacher Shortage Employment Incentive Program ("Incentive Program"), to increase the number of mathematics and science teachers in Oklahoma public schools. See 2000 Okla. Sess. Laws ch. 242, § 1 (codified as amended at 70 O.S.2011, § 698.3). The law provides that

70 O.S.2011, § 698.3.

¶4 The Legislature is presumed to have "expressed its intent in the statutory language." Twin Hills Golf & Country Club, Inc. v. Town of Forest Park, 2005 OK 71, ¶ 6, 123 P.3d 5, 6. Thus, "[w]here the language of a statute is plain and unambiguous, legislative intent and the meaning of the statute will be gleaned from the face of the statute without resort to judicial rules of statutory construction." Id. And whenever the Legislature defines a word or phrase in statute, "such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears." 25 O.S.2011, § 2.

70 O.S.2011, § 1-106. Technology and vocational centers are funded by public monies, and provide tuition-free instruction to high school students residing in the technology center district. OAC 780:10-5-3; 780:15-3-6. Free technology center schools that are supported by public taxation thus fall within the definition of "public schools" under the Oklahoma School Code. There is no other statutory or regulatory language in conflict with this plain reading of the statute. Technical and vocational centers are therefore "public schools" for the purposes of the Incentive Program.

¶6 In addition to the requirement that eligible teachers must provide instruction at a public school, the instruction must be provided at the "secondary level." As with the term "public schools," neither the statute at issue, nor any other statute, nor the State Regents have defined "secondary level," but the Oklahoma School Code has. In a section of the Oklahoma School Code addressing disruptions at athletic events, "secondary school" is defined as a public or private school "engaged in the education of students for any of grades seven through twelve." 70 O.S.2011, § 24-131.1(5).

¶7 Technology centers offer courses in certain grades that fall within the range specified by the definition of "secondary school." For instance, certain science, technology, engineering, and mathematics courses are specifically designed for grades 9-10. OAC 780:20-3-2(b)(7)(F)(vii)-(viii). The technology center specifically acts as "an extension of the student's high school." OAC 780:15-3-6(a)(1). Further, high school students within the technology center district attend technology centers on a tuition-free basis. OAC 780:15-3-6(b)(1). Technology centers are thus "engaged in the education of students for any of grades seven through twelve" under certain circumstances, meaning that they provide secondary level instruction. 70 O.S.2011, § 24-131.1(5).

¶8 Because vocational and technical centers are public schools that provide secondary level instruction, the key question becomes what qualifies as secondary-level mathematics and science instruction. The Legislature has set out specific benchmarks for the State Department of Education to follow in setting subject matter standards for public schools. 70 O.S.Supp.2015, § 11-103.6. Those benchmarks require completion of certain curriculum units for graduation from a public high school. For mathematics, students must complete three units or sets of competencies in "Algebra I, Algebra II, Geometry, Trigonometry, Math Analysis, Calculus, Advanced Placement Statistics, or any mathematics course with content and/or rigor above Algebra I and approved for college admission requirements[.]" Id. § 11-103.6(B)(2). For science, students must complete three units or sets of competencies in "Biology, Chemistry, Physics, or any laboratory science course with content and/or rigor equal to or above Biology and approved for college admission requirements[.]" Id. § 11-103.6(B)(3). These requirements can be replaced, however, with a "science, technology, engineering and math (STEM) block course" that meets the requirements of the course competencies, is taught at a technology center by a certified teacher, and is approved by the State Board of Education and the independent district board of education. Id. §§ 11-103.6(D)(2)(h)(2), 11-103.6(D)(3)(o)(2). Mathematics and science courses taken at a technology school with a certified teacher also qualify. Id. §§ 11-103.6(D)(2)(i), 11-103.6(D)(3)(p). This broad language regarding the mathematics and science requirements permit high school students to take advanced mathematics and science courses taught outside the high school setting, and still apply those course credits to their graduation requirements, as long as the courses are approved for college admission requirements and the teacher is certified to teach that course.

¶9 Whether a teacher is providing mathematics or science instruction at a secondary level therefore depends on several factors. First, the course at issue must be a mathematics or science course, or a STEM block course. Second, if that course is not one of those listed in 70 O.S.Supp.2015, § 11-103.6(B)(2)-(3), the course must have content and/or rigor above Algebra I (for mathematics) or Biology (for science), and be approved for college admissions requirements. Third, the teacher must be certified to teach the subject area. Fourth, the course must be approved for credit by the State Board of Education and the independent district board of education. If 75 percent of the teaching assignment meets this criterion, the teacher is eligible for benefits under the Incentive Program. However, whether a specific teacher meets this criterion requires a case-specific analysis and is beyond the scope of an Attorney General Opinion.