Bill Text For HB2080 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 2080                      By: Caldwell (Chad)               |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to schools; amending 70 O.S. 2021,              |
  |       Section 18-124, which relates to State Aid; removing            |
 8|       certain limitation on administrative services                   |
  |       expenditures; modifying school attendance                       |
 9|       requirements for certain limitation; updating                   |
  |       definition for administrative services; deleting                |
10|       outdated reference; providing an effective date; and            |
  |       declaring an emergency.                                         |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 18-124, is     |
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16|amended to read as follows:                                            |
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17|    Section 18-124.  A.  Any school district with an average daily     |
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18|attendance (ADA) of more than one thousand five hundred (1,500)        |
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19|students for the preceding year which expends for administrative       |
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20|services in the 2005-06 school year or any school year thereafter,     |
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21|less expenditures for legal services, more than five percent (5%) of   |
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22|the amount it expends for total expenditures, less expenditures for    |
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23|legal services, shall have the amount which exceeds the five percent   |
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   Req. No. 7061                                                   Page 1
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 1|(5%) withheld the following year from the Foundation and Salary        |
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 2|Incentive Aid for the school district.                                 |
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 3|    B.  Any school district with an average daily attendance (ADA)     |
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 4|of more than five hundred (500) students but not more than one         |
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 5|thousand five hundred (1,500) students for the preceding year which    |
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 6|expends for administrative services in the 2005-06 school year or      |
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 7|any school year thereafter, less expenditures for legal services,      |
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 8|more than seven percent (7%) of the amount it expends for total        |
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 9|expenditures, less expenditures for legal services, shall have the     |
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10|amount which exceeds the seven percent (7%) withheld the following     |
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11|year from the Foundation and Salary Incentive Aid for the school       |
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12|district.                                                              |
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13|    C. B.  Any school district with an average daily attendance        |
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14|(ADA) of five hundred (500) or fewer students for the preceding year   |
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15|which expends for administrative services in the 2005-06 school year   |
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16|or any school year thereafter, less expenditures for legal services,   |
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17|more than eight percent (8%) of the amount it expends for total        |
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18|expenditures, less expenditures for legal services, shall have the     |
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19|amount which exceeds the eight percent (8%) withheld the following     |
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20|year from the Foundation and Salary Incentive Aid for the school       |
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21|district.                                                              |
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22|    D. C.  For purposes of this section, "administrative services"     |
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23|means costs associated with:                                           |
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   Req. No. 7061                                                   Page 2
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 1|    1.  Staff expenditures for the administration of schools and       |
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 2|school districts including, but not limited to, expenditures for the   |
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 3|board of education;                                                    |
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 4|    2.  The secretary/clerk for the board of education;                |
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 5|    3.  Staff relations;                                               |
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 6|    4.  Negotiations staff;                                            |
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 7|    5.  Immediate staff of the superintendent, any elementary          |
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 8|superintendent or any assistant superintendent;                        |
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 9|    6.  Any superintendent, elementary superintendent, or assistant    |
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10|superintendent;                                                        |
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11|    7.  Any employee of a school district employed as a director,      |
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12|coordinator, supervisor, or who has responsibility for                 |
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13|administrative functions of a school district; and                     |
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14|    8.  Any consultant hired by the school district administration     |
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15|of school districts, superintendent and other school district          |
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16|administrative employees and support staff, principals and other       |
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17|school administrative employees and administrative support staff,      |
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18|full-time department chairpersons, graduation expenses, and business   |
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19|and central offices expenditures including, but not limited to,        |
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20|fiscal services, budgeting, payroll, purchasing, storage, material     |
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21|distribution, planning, research, evaluation, staff recruitment, and   |
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22|data processing.                                                       |
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23|    E. D.  If an employee of a school district is employed in a        |
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24|position where part of the employee's time is spent as an              |
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   Req. No. 7061                                                   Page 3
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 1|administrator and part of the time is spent in nonadministrative       |
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 2|functions, the percentage of time spent as an administrator shall be   |
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 3|included as administrative services.  A superintendent who spends      |
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 4|part of the time performing exempted nonadministrative services such   |
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 5|as teaching in the classroom, serving as a principal, counselor, or    |
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 6|library media specialist, can code up to forty percent (40%) of        |
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 7|their salary to other nonadministrative functions.  The total amount   |
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 8|of time a superintendent of a school district spends performing        |
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 9|services for a school district shall be included as administrative     |
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10|services even if part of the time the superintendent is performing     |
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11|nonexempted nonadministrative service functions.  The total amount     |
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12|received by a superintendent from the school district as salary, for   |
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13|the performance of administrative and nonexempted nonadministrative    |
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14|services, shall be recorded under the code for superintendent salary   |
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15|as provided for in the Oklahoma Cost Accounting System.                |
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16|    F. E.  Each school site within a school district shall take        |
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17|steps to ensure that the administrative costs for the school comply    |
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18|with the expenditure limits established for school districts in this   |
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19|section.                                                               |
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20|    G. F.  Funds withheld pursuant to the provisions of this section   |
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21|shall be distributed through the State Aid formula to the districts    |
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22|not so penalized.                                                      |
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23|    H.  For the 2003-04 and 2004-05 school year, school districts      |
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24|shall report to the State Department of Education the costs            |
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   Req. No. 7061                                                   Page 4
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 1|associated with administrative services for the school district as     |
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 2|defined in subsection D of this section.                               |
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 3|    SECTION 2.  This act shall become effective July 1, 2023.          |
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 4|    SECTION 3.  It being immediately necessary for the preservation    |
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 5|of the public peace, health or safety, an emergency is hereby          |
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 6|declared to exist, by reason whereof this act shall take effect and    |
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 7|be in full force from and after its passage and approval.              |
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 9|    59-1-7061      EK     01/16/23                                     |
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   Req. No. 7061                                                   Page 5
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