1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2358 By: Boles |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Sections 18-113.1, 18-113.2, and 18-113.4, which |
8| relate to class size limitations and penalties; |
| providing an exception for certain transfer students; |
9| excepting kindergarten class size penalty for certain |
| transfer students; providing an exemption from |
10| certain class size penalties; providing an effective |
| date; and declaring an emergency. |
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13| |
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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 18-113.1, is |
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16|amended to read as follows: |
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17| Section 18-113.1 A. The provisions of this subsection shall |
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18|apply only to grades one through three. |
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19| 1. Except as otherwise provided for in this section, no child |
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20|shall be included in the average daily membership of a school |
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21|district for the purpose of computing and paying state-appropriated |
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22|funds if that child is regularly assigned to a teacher or to a class |
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23|that includes more than twenty (20) students. |
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24| |
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1| 2. If a class or classes in a grade exceed the class size |
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2|limitation provided for in this subsection, the class size |
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3|limitation and penalty shall not apply if: |
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4| a. the creation of an additional class would cause a |
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5| class to have fewer than ten (10) students;, and |
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6| b. a teacher's assistant, as defined in Section 6-127 of |
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7| this title, is employed to serve with each teacher in |
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8| a class that exceeds the class size limitation |
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9| provided for in this subsection, or |
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10| c. beginning with the 2023-2024 school year, the class |
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11| size limitation provided for in this subsection is |
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12| exceeded because the school district received students |
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13| transferred in accordance with Sections 8-101 and |
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14| 8-113, subsection A of Section 8-101.2 for siblings |
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15| and children in foster care, or subsection B of |
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16| Section 8-103.1 of this title. |
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17| 3. No school district shall be penalized for exceeding class |
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18|size limitations set forth in this subsection if the limitations are |
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19|exceeded beginning after the first nine (9) weeks of the school |
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20|year. |
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21| Any school district found to be in violation of the provisions |
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22|of this subsection shall receive a penalty in the State Aid formula |
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23|as a reduction to State Aid to be determined as follows: |
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24| |
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1| a. Multiply each pupil in excess of the class size |
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2| membership limit as provided in this subsection by the |
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3| grade level weight and by the Base Foundation Support |
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4| Level for the current school year, and |
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5| b. Multiply each pupil in excess of the class size |
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6| membership limit as provided in this subsection by the |
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7| grade level weight and by the Incentive Aid guarantee |
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8| for the current school year times twenty (20), and |
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9| c. Sum the products of subparagraphs a and b of this |
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10| paragraph. |
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11| B. The provisions of this subsection shall apply only to grades |
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12|four through six. |
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13| 1. Except as otherwise provided for in this section, no child |
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14|shall be included in the average daily membership of a school |
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15|district for the purpose of computing and paying state-appropriated |
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16|funds if that child is regularly assigned to a teacher or to a class |
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17|that includes more than twenty (20) students. |
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18| 2. If a class or classes in a grade exceed the class size |
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19|limitation provided for in this subsection, the class size |
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20|limitation and penalty shall not apply if the creation of an |
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21|additional class would cause a class to have fewer than sixteen (16) |
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22|students. |
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1| 3. No school district shall be penalized for exceeding class |
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2|size limitations set forth in this subsection if the limitations are |
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3|exceeded beginning after the first nine (9) weeks of the school |
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4|year. |
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5| 4. Any school district found to be in violation of the |
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6|provisions of this subsection shall receive a penalty in the State |
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7|Aid formula as a reduction to State Aid to be determined as follows: |
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8| a. Multiply each pupil in excess of the class size |
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9| membership limit as provided in this subsection by the |
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10| grade level weight and by the Base Foundation Support |
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11| Level for the current school year, and |
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12| b. Multiply each pupil in excess of the class size |
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13| membership limit as provided in this subsection by the |
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14| grade level weight and by the Incentive Aid guarantee |
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15| for the current school year times twenty (20), and |
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16| c. Sum the products of subparagraphs a and b of this |
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17| paragraph. |
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18| C. Classes in the following subjects shall not be subject to |
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19|the class size limitations provided for in subsections A and B of |
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20|this section: |
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21| 1. Physical education; and |
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22| 2. Chorus, band, orchestra and similar music classes. |
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23| D. If a school district groups its grades as grades one through |
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24|five, grades six through eight, and grades nine through twelve, then |
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1|as to such district the provisions of subsection B of this section |
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2|shall apply to grades four and five rather than grades four through |
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3|six, and the provisions of Section 18-113.3 of this title shall |
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4|apply to grades six through twelve. |
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5| E. Any violations of the provisions of this section shall |
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6|result in denial of accreditation in accordance with the |
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7|requirements of Section 3-104.4 of this title. |
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8| F. Any school district which at the beginning of the school |
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9|year does not have sufficient classrooms to meet the class size |
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10|limitation provided for in this section as determined by guidelines |
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11|established by the State Board of Education shall not be penalized |
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12|for failure to meet the class size limitations provided for in this |
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13|section if: |
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14| a. the school district has voted indebtedness, at any |
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15| time within the five (5) years preceding the year the |
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16| district exceeds the class size limitations or during |
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17| the year the district exceeds the class size |
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18| limitations, through the issuance of bonds or approval |
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19| by voters of issuance of new bonds for more than |
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20| eighty-five percent (85%) of the maximum allowable |
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21| pursuant to the provisions of Section 26 of Article X |
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22| of the Oklahoma Constitution as shown on the school |
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23| district budget filed with the State Equalization |
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24| Board for the current school year and certifications |
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1| by the Attorney General prior to February 1 of the |
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2| current school year; and |
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3| b. on the date of filing of the school district budget |
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4| with the State Equalization Board, the school district |
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5| is voting the maximum millage allowable for the |
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6| support, maintenance and construction of schools as |
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7| provided for in subsections (a), (c), (d) and (d-1) of |
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8| Section 9 of Article X of the Oklahoma Constitution |
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9| and Section 10 of Article X of the Oklahoma |
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10| Constitution. |
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11| G. Any school district which exceeds the class size limitations |
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12|as set forth in this section shall submit a written report to the |
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13|State Board of Education, on or before July 1 of each year, setting |
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14|forth the procedures that the district will follow in order to |
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15|comply with this section. |
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16| H. School districts which receive state-appropriated funds |
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17|pursuant to the provisions of Section 18-112.2 of this title and do |
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18|not comply with the provisions of this section shall be subject to |
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19|loss of State Aid for each child in excess of the class size |
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20|limitations specified in this section. |
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21| SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-113.2, is |
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22|amended to read as follows: |
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23| Section 18-113.2 A. The provisions of this section shall apply |
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24|only to kindergarten. |
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1| 1. No child shall be included in the average daily membership |
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2|of a school district for the purpose of computing and paying |
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3|state-appropriated funds if that child is regularly assigned to a |
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4|teacher or to a class that includes more than twenty (20) students. |
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5| 2. If a class or classes in a grade exceed the class size |
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6|limitation provided for in this subsection, the class size |
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7|limitation and penalty shall not apply if: |
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8| a. the creation of an additional class would cause a |
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9| class to have fewer than ten (10) students;, and |
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10| b. a teacher's assistant, as defined in Section 6-127 of |
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11| this title, is employed to serve with each teacher in |
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12| a class that exceeds the class size limitation |
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13| provided for in this subsection, or |
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14| c. beginning with the 2023-2024 school year, the class |
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15| size limitation provided for in this subsection is |
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16| exceeded because the school district received students |
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17| transferred in accordance with Sections 8-101 and |
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18| 8-113, subsection A of Section 8-101.2 for siblings |
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19| and children in foster care, or subsection B of |
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20| Section 8-103.1 of this title. |
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21| 3. No school district shall be penalized for exceeding class |
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22|size limitations set forth in this section if the limitations are |
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23|exceeded beginning after the first nine (9) weeks of the school |
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24|year. |
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1| 4. Any school district which at the beginning of the school |
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2|year does not have sufficient classrooms to meet the class size |
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3|limitation provided for in this section as determined by guidelines |
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4|established by the State Board of Education shall not be penalized |
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5|for failure to meet the class size limitations provided for in this |
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6|section if: |
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7| a. the school district has voted indebtedness, at any |
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8| time within the five (5) years preceding the year the |
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9| district exceeds the class size limitations or during |
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10| the year the district exceeds the class size |
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11| limitations, through the issuance of bonds or approval |
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12| by voters of issuance of new bonds for more than |
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13| eighty-five percent (85%) of the maximum allowable |
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14| pursuant to the provisions of Section 26 of Article X |
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15| of the Oklahoma Constitution as shown on the school |
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16| district budget filed with the State Equalization |
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17| Board for the current school year and certifications |
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18| by the Attorney General prior to February 1 of the |
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19| current school year; and |
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20| b. on the date of filing of the school district budget |
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21| with the State Equalization Board, the school district |
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22| is voting the maximum millage allowable for the |
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23| support, maintenance and construction of schools as |
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24| provided for in subsections (a), (c), (d) and (d-1) of |
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1| Section 9 of Article X of the Oklahoma Constitution |
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2| and Section 10 of Article X of the Oklahoma |
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3| Constitution. |
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4| 5. Any school district found to be in violation of the |
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5|provisions of this subsection shall receive a penalty in the State |
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6|Aid formula as a reduction to State Aid to be determined as follows: |
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7| a. Multiply each pupil in excess of the class size |
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8| membership limit as provided in this subsection by the |
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9| grade level weight and by the Base Foundation Support |
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10| Level for the current school year, and |
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11| b. Multiply each pupil in excess of the class size |
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12| membership limit as provided in this subsection by the |
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13| grade level weight and by the Incentive Aid guarantee |
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14| for the current school year times twenty (20), and |
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15| c. 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 3. AMENDATORY 70 O.S. 2021, Section 18-113.4, is |
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2|amended to read as follows: |
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3| Section 18-113.4 A. Beginning with the 1997-98 school year, |
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4|the penalties for exceeding class size limitations established in |
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5|Sections 18-113.1, 18-113.2 and 18-113.3 of this title shall not |
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6|apply if the class size limitations, as set forth in said sections, |
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7|are exceeded beginning after the first nine (9) weeks of the school |
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8|year. If the class size limitations are exceeded during the first |
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9|nine (9) weeks, the penalties shall apply. |
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10| B. Beginning with the 2023-2024 school year, the penalties for |
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11|exceeding class size limitations established in Sections 18-113.1, |
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12|18-113.2, and 18-113.3 of this title shall not apply if the class |
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13|size limitations provided in those sections are exceeded because the |
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14|school district received students transferred in accordance with |
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15|Sections 8-101 and 8-113, subsection A of Section 8-101.2 for |
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16|siblings and children in foster care, or subsection B of Section |
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17|8-103.1 of this title. |
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18| C. For the purposes of calculating class size penalties |
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19|established in Sections 18-113.1, 18-113.2 and 18-113.3 of this |
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20|title, school districts shall use only the full-time-equivalency of |
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21|the instructional staff who are under contract to work the full |
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22|school year in question. |
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23| C. D. Beginning July 1, 2003, school districts that |
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24|participate in consolidation or annexation pursuant to the |
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1|provisions of the Oklahoma School Voluntary Consolidation and |
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2|Annexation Act shall be exempt from the provisions of Sections |
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3|18-113.1, 18-113.2 and 18-113.3 of this title for the year in which |
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4|the consolidation or annexation occurs and for the next five (5) |
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5|fiscal years. |
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6| SECTION 4. This act shall become effective July 1, 2023. |
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7| SECTION 5. It being immediately necessary for the preservation |
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8|of the public peace, health or safety, an emergency is hereby |
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9|declared to exist, by reason whereof this act shall take effect and |
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10|be in full force from and after its passage and approval. |
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12| 59-1-5825 EK 01/11/23 |
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