1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|HOUSE BILL 2009 By: Davis |
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5| |
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6| |
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7| AS INTRODUCED |
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8| An Act relating to schools; amending 70 O.S. 2021, |
| Section 3-104.4, which relates to standards for |
9| accreditation; modifying date to provide report on |
| statewide class sizes; amending 70 O.S. 2021, |
10| Sections 18-113.1 and 18-113.2, which relate to class |
| size limitations; decreasing certain class size |
11| limits; raising certain class size limits; providing |
| stipend for teachers with classes that fail to comply |
12| with class size limitations; providing for |
| codification; providing an effective date; and |
13| declaring an emergency. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104.4, is |
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18|amended to read as follows: |
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19| Section 3-104.4 A. The State Board of Education shall adopt |
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20|standards for the accreditation of the public schools in this state |
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21|according to the requirements of Section 3-104.3 et seq. of this |
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22|title, to be effective as set forth in Section 3-104.3 et seq. of |
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23|this title. The accreditation standards shall incorporate the |
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24|curricular standards established pursuant to Section 11-103.6 of |
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1|this title. The accreditation standards shall equal or exceed |
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2|nationally recognized accreditation standards to the extent that the |
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3|standards are consistent with an academic results oriented approach |
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4|to accreditation. The accreditation adopted by the State Board |
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5|shall encompass accreditation for elementary schools, middle |
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6|schools, junior high schools, and high schools. The accreditation |
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7|standards shall be made available for public inspection at the |
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8|offices of the State Department of Education. |
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9| B. Standards for accreditation adopted by the State Board of |
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10|Education shall include standards relating to the provision of |
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11|school counselors to the public school children of this state. The |
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12|State Board of Education shall require each local school district to |
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13|provide information regarding the number of counselors serving each |
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14|school site, the duties of all such counselors including all |
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15|administrative duties, the number of students served by each |
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16|counselor, and information regarding the number of counselors |
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17|employed per elementary school, middle school, junior high school |
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18|and high school. |
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19| C. Except as otherwise provided, schools shall meet the |
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20|accreditation standards as a condition of continued accreditation. |
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21|Nothing herein shall be construed as preventing changes to the |
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22|adopted standards by the State Board of Education pursuant to the |
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23|Administrative Procedures Act. The accreditation standards shall |
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24|provide for warnings, probation or nonaccredited status for schools |
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1|that fail to meet the standards. The Department shall investigate a |
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2|complaint of failure to provide educational services or failure to |
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3|comply with accreditation standards within thirty (30) days of |
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4|receiving the complaint. If the Department determines that a school |
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5|has failed to comply with the accreditation standards, the |
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6|Department shall report the recommended warning, probation or |
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7|nonaccredited accreditation status to the State Board of Education |
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8|within ninety (90) days. If a school does not take action to comply |
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9|with the accreditation standards within ninety (90) days after a |
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10|report is filed by the Department, the Board shall withdraw |
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11|accreditation for the school. The State Board accreditation |
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12|regulations shall provide for warnings and for assistance to schools |
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13|and school districts whenever there is reason to believe a school is |
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14|in danger of losing its state accreditation. |
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15| D. If one or more school sites fail to receive accreditation as |
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16|required pursuant to this section or subsequently lose |
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17|accreditation, the State Board of Education shall close the school |
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18|and reassign the students to accredited schools within the district |
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19|or shall annex the district to one or more other districts in which |
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20|the students can be educated in accredited schools. |
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21| E. Standards for accreditation adopted by the State Board of |
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22|Education shall include standards relating to the provision of |
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23|educational services provided in partial hospitalization programs, |
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24|day treatment programs, day hospital programs, residential treatment |
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1|programs and emergency shelter programs for persons between the ages |
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2|of three (3) and twenty-one (21) years of age. The accreditation |
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3|standards shall apply to on-site and off-site educational services |
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4|provided by public school districts or state-accredited private |
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5|schools. Each school which is providing or is required to provide |
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6|educational services for students placed in a program as described |
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7|in this subsection shall be actively monitored by the State |
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8|Department of Education. The Department shall determine on an |
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9|ongoing basis if the educational program and services are in |
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10|compliance with the accreditation standards. |
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11| F. The State Board shall provide assistance to districts in |
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12|considering the possibility of meeting accreditation requirements |
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13|through the use of nontraditional means of instruction. The State |
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14|Board shall also assist districts in forming cooperatives and making |
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15|arrangements for the use of satellite instruction or other |
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16|instructional technologies to the extent that use of such |
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17|instructional means meets accreditation standards. |
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18| G. 1. Accreditation shall not be withdrawn from or denied nor |
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19|shall a penalty be assessed against a school or school district for |
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20|failing to meet the media materials and equipment standards, media |
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21|program expenditure standards and media personnel standards as set |
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22|forth in the accreditation standards adopted by the Board. |
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23| 2. The provisions of paragraph 1 of this subsection shall cease |
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24|to be effective during the fiscal year which begins on the July 1 |
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1|immediately succeeding the legislative session during which the |
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2|measure appropriating monies to the State Board of Education for the |
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3|financial support of public schools is enacted as law and such |
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4|appropriation amount is at least Fifty Million Dollars |
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5|($50,000,000.00) greater than the amount of money appropriated to |
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6|the State Board of Education for the financial support of public |
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7|schools for the fiscal year ending June 30, 2019, pursuant to |
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8|Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars |
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9|($50,000,000.00) shall not include any amount of appropriations |
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10|dedicated for support or certified employee salary increases. |
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11|Accreditation shall not be withdrawn from or denied nor shall a |
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12|penalty be assessed against a school or school district for failing |
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13|to meet the media personnel standards as set forth in accreditation |
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14|standards adopted by the Board. |
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15| H. 1. The State Board shall not assess a financial penalty |
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16|against any school district which is given a deficiency in |
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17|accreditation status during any fiscal year as provided for in this |
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18|subsection. |
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19| 2. Beginning with the fiscal year which begins July 1, 2021, if |
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20|the amount of money appropriated to the State Board of Education for |
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21|the financial support of public schools including funds apportioned |
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22|pursuant to Section 2 of this act, is at least One Hundred Million |
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23|Dollars ($100,000,000.00) greater than the amount of money |
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24|appropriated to the State Board of Education for the financial |
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1|support of public schools for the fiscal year ending June 30, 2019, |
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2|pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be |
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3|assessed against any school districts that do not comply with the |
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4|class size limitations for kindergarten as provided for in Section |
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5|18-113.2 of this title and class size limitations for grade one as |
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6|provided for in subsection A of Section 18-113.1 of this title. |
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7|Provided, the One Hundred Million Dollars ($100,000,000.00) shall |
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8|not include any amount of appropriations dedicated for support or |
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9|certified employee salary increases. |
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10| 3. The State Department of Education shall submit a report on |
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11|statewide classroom class sizes to the President Pro Tempore of the |
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12|Oklahoma State Senate and the Speaker of the Oklahoma House of |
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13|Representatives no later than January 1, 2022 2024, and for each |
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14|year thereafter. |
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15| I. Except as provided for in subsection J of this section, |
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16|beginning with the 2019-2020 school year, evaluations of schools to |
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17|determine whether they meet the accreditation standards set forth in |
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18|accordance with this section shall occur once every four (4) years |
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19|on a schedule adopted by the State Board of Education. The Board |
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20|may interrupt the evaluation schedule provided in this subsection |
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21|for reasons including a change in the superintendent of the school |
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22|district; determination that one or more school district board |
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23|members have not met the continuing education requirements as |
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24|defined by this title; determination that the school district |
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1|falsified information submitted to any public city, county, state or |
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2|federal official or agency; initiation of an investigation by the |
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3|Board or a law enforcement agency; or other determination by the |
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4|Board that standards for accreditation are not being met by the |
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5|school district. The schedule adopted by the Board shall allow for |
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6|school districts receiving no deficiencies for two (2) consecutive |
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7|years to be reviewed for accreditation less than annually. |
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8|Provided, however, that schools shall be evaluated annually for the |
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9|purposes of: |
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10| 1. Local, state and federal funding; |
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11| 2. Health and safety; |
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12| 3. Certification requirements for teachers, principals and |
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13|superintendents; |
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14| 4. School board governance, including instructional and |
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15|continuing education requirements for school board members; and |
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16| 5. Any other requirements under state or federal law. |
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17| J. Beginning with the 2019-2020 school year, if a public school |
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18|receives a deficiency on its accreditation report, the public school |
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19|shall be evaluated annually to determine if it meets the |
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20|accreditation standards set forth in accordance with this section. |
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21|If the public school receives no deficiencies for two (2) |
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22|consecutive years, the public school shall be subject to the |
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23|evaluation timeline established in subsection I of this section. |
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24| |
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1| SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-113.1, is |
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2|amended to read as follows: |
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3| Section 18-113.1 A. The provisions of this subsection shall |
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4|apply only to grades one through three. |
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5| 1. Except as otherwise provided for in this section, no child |
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6|shall be included in the average daily membership of a school |
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7|district for the purpose of computing and paying state-appropriated |
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8|funds if that child is regularly assigned to a teacher or to a class |
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9|that includes more than twenty (20) eighteen (18) students. |
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10| 2. If a class or classes in a grade exceed the class size |
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11|limitation provided for in this subsection, the class size |
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12|limitation and penalty shall not apply if: |
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13| a. the creation of an additional class would cause a |
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14| class to have fewer than ten (10) students;, and |
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15| b. a teacher's assistant, as defined in Section 6-127 of |
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16| this title, is employed to serve with each teacher in |
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17| a class that exceeds the class size limitation |
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18| provided for in this subsection. |
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19| 3. No school district shall be penalized for exceeding class |
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20|size limitations set forth in this subsection if the limitations are |
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21|exceeded beginning after the first nine (9) weeks of the school |
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22|year. |
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23| |
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24| |
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1| 4. Any school district found to be in violation of the |
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2|provisions of this subsection shall receive a penalty in the State |
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3|Aid formula as a reduction to State Aid to be determined as follows: |
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4| a. Multiply multiply each pupil in excess of the class |
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5| size membership limit as provided in this subsection |
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6| by the grade level weight and by the Base Foundation |
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7| Support Level for the current school year, and |
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8| b. Multiply multiply each pupil in excess of the class |
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9| size membership limit as provided in this subsection |
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10| by the grade level weight and by the Incentive Aid |
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11| guarantee for the current school year times twenty |
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12| (20), and |
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13| c. Sum sum the products of subparagraphs a and b of this |
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14| paragraph. |
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15| B. The provisions of this subsection shall apply only to grades |
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16|four through six. |
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17| 1. Except as otherwise provided for in this section, no child |
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18|shall be included in the average daily membership of a school |
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19|district for the purpose of computing and paying state-appropriated |
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20|funds if that child is regularly assigned to a teacher or to a class |
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21|that includes more than twenty (20) twenty-two (22) students. |
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22| 2. If a class or classes in a grade exceed the class size |
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23|limitation provided for in this subsection, the class size |
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24|limitation and penalty shall not apply if the creation of an |
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1|additional class would cause a class to have fewer than sixteen (16) |
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2|students. |
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3| 3. No school district shall be penalized for exceeding class |
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4|size limitations set forth in this subsection if the limitations are |
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5|exceeded beginning after the first nine (9) weeks of the school |
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6|year. |
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7| 4. Any school district found to be in violation of the |
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8|provisions of this subsection shall receive a penalty in the State |
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9|Aid formula as a reduction to State Aid to be determined as follows: |
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10| a. Multiply multiply each pupil in excess of the class |
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11| size membership limit as provided in this subsection |
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12| by the grade level weight and by the Base Foundation |
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13| Support Level for the current school year, and |
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14| b. Multiply multiply each pupil in excess of the class |
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15| size membership limit as provided in this subsection |
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16| by the grade level weight and by the Incentive Aid |
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17| guarantee for the current school year times twenty |
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18| (20), and |
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19| c. Sum sum the products of subparagraphs a and b of this |
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20| paragraph. |
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21| C. Classes in the following subjects shall not be subject to |
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22|the class size limitations provided for in subsections A and B of |
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23|this section: |
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24| 1. Physical education; and |
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1| 2. Chorus, band, orchestra and similar music classes. |
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2| D. If a school district groups its grades as grades one through |
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3|five, grades six through eight, and grades nine through twelve, then |
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4|as to such district the provisions of subsection B of this section |
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5|shall apply to grades four and five rather than grades four through |
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6|six, and the provisions of Section 18-113.3 of this title shall |
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7|apply to grades six through twelve. |
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8| E. Any violations of the provisions of this section shall |
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9|result in denial of accreditation in accordance with the |
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10|requirements of Section 3-104.4 of this title. |
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11| F. Any school district which at the beginning of the school |
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12|year does not have sufficient classrooms to meet the class size |
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13|limitation provided for in this section as determined by guidelines |
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14|established by the State Board of Education shall not be penalized |
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15|for failure to meet the class size limitations provided for in this |
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16|section if: |
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17| a. the school district has voted indebtedness, at any |
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18| time within the five (5) years preceding the year the |
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19| district exceeds the class size limitations or during |
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20| the year the district exceeds the class size |
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21| limitations, through the issuance of bonds or approval |
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22| by voters of issuance of new bonds for more than |
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23| eighty-five percent (85%) of the maximum allowable |
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24| pursuant to the provisions of Section 26 of Article X |
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1| of the Oklahoma Constitution as shown on the school |
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2| district budget filed with the State Equalization |
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3| Board for the current school year and certifications |
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4| by the Attorney General prior to February 1 of the |
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5| current school year;, and |
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6| b. on the date of filing of the school district budget |
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7| with the State Equalization Board, the school district |
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8| is voting the maximum millage allowable for the |
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9| support, maintenance and construction of schools as |
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10| provided for in subsections (a), (c), (d) and (d-1) of |
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11| Section 9 of Article X of the Oklahoma Constitution |
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12| and Section 10 of Article X of the Oklahoma |
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13| Constitution. |
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14| G. Any school district which exceeds the class size limitations |
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15|as set forth in this section shall submit a written report to the |
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16|State Board of Education, on or before July 1 of each year, setting |
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17|forth the procedures that the district will follow in order to |
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18|comply with this section. |
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19| H. School districts which receive state-appropriated funds |
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20|pursuant to the provisions of Section 18-112.2 of this title and do |
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21|not comply with the provisions of this section shall be subject to |
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22|loss of State Aid for each child in excess of the class size |
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23|limitations specified in this section. |
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24| |
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1| SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-113.2, is |
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2|amended to read as follows: |
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3| Section 18-113.2 A. The provisions of this section shall apply |
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4|only to kindergarten. |
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5| 1. No child shall be included in the average daily membership |
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6|of a school district for the purpose of computing and paying |
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7|state-appropriated funds if that child is regularly assigned to a |
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8|teacher or to a class that includes more than twenty (20) eighteen |
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9|(18) students. |
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10| 2. If a class or classes in a grade exceed the class size |
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11|limitation provided for in this subsection, the class size |
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12|limitation and penalty shall not apply if: |
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13| a. the creation of an additional class would cause a |
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14| class to have fewer than ten (10) students;, and |
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15| b. a teacher's assistant, as defined in Section 6-127 of |
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16| this title, is employed to serve with each teacher in |
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17| a class that exceeds the class size limitation |
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18| provided for in this subsection. |
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19| 3. No school district shall be penalized for exceeding class |
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20|size limitations set forth in this section if the limitations are |
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21|exceeded beginning after the first nine (9) weeks of the school |
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22|year. |
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23| 4. Any school district which at the beginning of the school |
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24|year does not have sufficient classrooms to meet the class size |
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1|limitation provided for in this section as determined by guidelines |
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2|established by the State Board of Education shall not be penalized |
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3|for failure to meet the class size limitations provided for in this |
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4|section if: |
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5| a. the school district has voted indebtedness, at any |
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6| time within the five (5) years preceding the year the |
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7| district exceeds the class size limitations or during |
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8| the year the district exceeds the class size |
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9| limitations, through the issuance of bonds or approval |
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10| by voters of issuance of new bonds for more than |
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11| eighty-five percent (85%) of the maximum allowable |
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12| pursuant to the provisions of Section 26 of Article X |
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13| of the Oklahoma Constitution as shown on the school |
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14| district budget filed with the State Equalization |
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15| Board for the current school year and certifications |
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16| by the Attorney General prior to February 1 of the |
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17| current school year; , and |
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18| b. on the date of filing of the school district budget |
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19| with the State Equalization Board, the school district |
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20| is voting the maximum millage allowable for the |
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21| support, maintenance and construction of schools as |
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22| provided for in subsections (a), (c), (d) and (d-1) of |
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23| Section 9 of Article X of the Oklahoma Constitution |
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24| |
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1| and Section 10 of Article X of the Oklahoma |
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2| Constitution. |
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3| 5. Any school district found to be in violation of the |
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4|provisions of this subsection shall receive a penalty in the State |
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5|Aid formula as a reduction to State Aid to be determined as follows: |
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6| a. Multiply multiply each pupil in excess of the class |
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7| size membership limit as provided in this subsection |
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8| by the grade level weight and by the Base Foundation |
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9| Support Level for the current school year, and |
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10| b. Multiply multiply each pupil in excess of the class |
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11| size membership limit as provided in this subsection |
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12| by the grade level weight and by the Incentive Aid |
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13| guarantee for the current school year times twenty |
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14| (20), and |
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15| c. Sum sum the products of subparagraphs a and b of this |
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16| paragraph. |
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17| B. Any violations of the provisions of this section shall |
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18|result in denial of accreditation in accordance with the |
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19|requirements of Section 3-104.4 of this title. |
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20| C. School districts which receive state-appropriated funds |
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21|pursuant to the provisions of Section 18-112.2 of this title and do |
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22|not comply with the provisions of this section shall be subject to |
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23|loss of State Aid for each child in excess of the class size |
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24|limitations specified in this section. |
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1| SECTION 4. NEW LAW A new section of law to be codified |
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2|in the Oklahoma Statutes as Section 18-113.6 of Title 70, unless |
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3|there is created a duplication in numbering, reads as follows: |
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4| Beginning with the 2023-2024 school year and each school year |
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5|thereafter, a school district shall pay a teacher a stipend of One |
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6|Thousand Two Hundred Fifty Dollars ($1,250.00) per extra student, |
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7|with a maximum stipend of Five Thousand Dollars ($5,000.00) if the |
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8|teacher is responsible for the instruction of class that fails to |
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9|comply with the class size limitations as provided for in |
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10|subsections A of Section 18-113.2, A and B of Section 18-113.1 and C |
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11|of Section 113.3 of Title 70 of the Oklahoma Statutes. |
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12| SECTION 5. This act shall become effective July 1, 2023. |
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13| SECTION 6. It being immediately necessary for the preservation |
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14|of the public peace, health or safety, an emergency is hereby |
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15|declared to exist, by reason whereof this act shall take effect and |
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16|be in full force from and after its passage and approval. |
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17| |
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18|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2023 |
|- DO PASS. |
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arsid3808906 HB2009 HFLR Page 16
