1|ENGROSSED SENATE AMENDMENT |
| TO |
2|ENGROSSED HOUSE |
|BILL NO. 2672 By: Baker and West (Tammy) of |
3| the House |
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4| and |
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5| Pugh of the Senate |
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6| |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Section 6-194, as amended by Section 1, Chapter 211, |
8| O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-194), |
| which relates to professional development programs; |
9| **** amending 70 O.S. 2021, Sections 1210.508C and |
| 1210.508D, which relate to the Reading Sufficiency |
10| Act; **** providing funding for students enrolled in |
| kindergarten and first, second, and third grades; |
11| **** establishing minimum criteria for team |
| employees; **** providing for codification; providing |
12| an effective date; and declaring an emergency. |
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13| |
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14| |
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15|AUTHOR: Add the following Senate Coauthors: Thompson (Kristen), |
| Bergstrom, Haste, Stanley, Weaver, Coleman, Garvin, |
16| Newhouse, Daniels, Pederson, Bullard, Rogers, Pemberton, |
| Stephens, Rader, Seifried, and Woods |
17| |
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18|AMENDMENT NO. 1. Page 1, strike the title, enacting clause and |
| entire bill and insert |
19| |
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20| "An Act relating to schools; making an appropriation |
| to the State Board of Education; providing purpose; |
21| prohibiting use of funds for certain purpose; |
| establishing minimum salary schedule for teachers; |
22| defining fringe benefits; specifying certain |
| recognition of college degrees; requiring the State |
23| Board of Education to accept certain teaching |
| experience; requiring certain notification; limiting |
24| teaching credit for certain service and experience; |
| allowing school district to offer more credit; |
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1| directing the Board to recognize certain experiences; |
| prohibiting application of minimum salary schedule to |
2| certain retired teachers; requiring certain certified |
| personnel to receive certain salary increase above |
3| certain level paid during certain school year; |
| directing persons employed in certain capacities at |
4| technology center school districts, Department of |
| Corrections facilities, and Office of Juvenile |
5| Affairs facilities to receive certain salary |
| increase; directing certain certified and support |
6| personnel to receive a one-time stipend during |
| certain school year; directing persons employed in |
7| certain capacities at technology center school |
| districts, Department of Corrections facilities, and |
8| Office of Juvenile Affairs facilities to receive a |
| one-time stipend during certain school year; amending |
9| 70 O.S. 2021, Section 6-190, as amended by Section 3, |
| Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2022, Section |
10| 6-190), which relates to teacher certification; |
| removing language allowing the establishment of |
11| advanced, lead, and master certificates; amending |
| Section 2, Chapter 359, O.S.L. 2022 (70 O.S. Supp. |
12| 2022, Section 6-190.2), which relates to creation of |
| the Teacher Empowerment Revolving Fund; modifying |
13| entity for which fund was created; clarifying source |
| of funds; modifying purpose of fund; defining terms; |
14| directing the State Department of Education to create |
| the Rewarding Excellent Educators Grant Program; |
15| providing purpose; providing eligibility for grant |
| funds; providing for award of funds on certain basis; |
16| directing use of grants; limiting the number of |
| certain teachers and support employees that may |
17| receive certain bonuses; providing maximum bonus |
| amount; amending 70 O.S. 2021, Section 18-200.1, as |
18| last amended by Section 2, Chapter 488, O.S.L. 2021, |
| which relates to allocation of State Aid; updating |
19| statutory language; increasing transportation factor; |
| amending 70 O.S. 2021, Section 18-201.1, which |
20| relates to calculation of weighted membership; |
| modifying certain category weights; updating |
21| statutory language; providing for noncodification; |
| providing for codification; providing an effective |
22| date; and declaring an emergency. |
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23| |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| SECTION 1. There is hereby appropriated to the State Board of |
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2|Education from any monies not otherwise appropriated from the |
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3|General Revenue Fund of the State Treasury for the fiscal year |
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4|beginning July 1, 2023, the sum of Five Hundred Million Dollars |
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5|($500,000,000.00) for the financial support of public schools. |
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6|These monies shall be used to implement the provisions of Section 2 |
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7|of this act and to provide student supports. Monies appropriated |
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8|pursuant to this section shall not be used to provide a bonus or |
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9|salary increase to an administrator, as defined by Section 6-101.3 |
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10|of Title 70 of the Oklahoma Statutes. |
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11| SECTION 2. NEW LAW A new section of law to be codified |
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12|in the Oklahoma Statutes as Section 18-114.15 of Title 70, unless |
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13|there is created a duplication in numbering, reads as follows: |
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14| A. Beginning with the 2023-2024 school year, certified |
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15|personnel, as defined in Section 26-103 of Title 70 of the Oklahoma |
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16|Statutes, in the public schools of Oklahoma shall receive in salary |
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17|and/or fringe benefits not less than the amounts specified in the |
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18|following schedule: |
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19| MINIMUM SALARY SCHEDULE |
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20| National |
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21| Years of Bachelor's Board Master's Doctor's |
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22| Experience Degree Certification Degree Degree |
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23| 0 $40,601 $41,759 $41,991 $43,381 |
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24| 1 $41,035 $42,193 $42,425 $43,815 |
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1| 2 $41,469 $42,628 $42,859 $44,249 |
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2| 3 $41,904 $43,062 $43,294 $44,684 |
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3| 4 $42,338 $43,496 $43,728 $45,118 |
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4| 5 $42,810 $43,968 $44,200 $45,590 |
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5| 6 $44,273 $45,432 $45,663 $47,054 |
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6| 7 $44,737 $45,895 $46,127 $47,517 |
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7| 8 $45,200 $46,358 $46,590 $47,980 |
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8| 9 $45,663 $46,822 $47,054 $48,444 |
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9| 10 $46,684 $47,844 $48,568 $50,945 |
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10| 11 $48,177 $49,336 $50,061 $52,438 |
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11| 12 $48,670 $49,829 $50,554 $52,931 |
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12| 13 $49,162 $50,322 $51,047 $53,424 |
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13| 14 $49,655 $50,815 $51,539 $53,916 |
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14| 15 $50,167 $51,327 $52,052 $54,430 |
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15| 16 $51,660 $52,820 $53,545 $55,923 |
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16| 17 $52,153 $53,313 $54,038 $56,416 |
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17| 18 $52,646 $53,806 $54,531 $56,909 |
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18| 19 $53,139 $54,299 $55,024 $57,402 |
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19| 20 $53,652 $54,813 $55,538 $57,917 |
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20| 21 $55,145 $56,306 $57,031 $59,410 |
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21| 22 $55,639 $56,799 $57,524 $59,903 |
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22| 23 $56,132 $57,292 $58,018 $60,397 |
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23| 24 $56,625 $57,785 $58,511 $60,890 |
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24| 25 $58,049 $59,232 $59,971 $62,395 |
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1| Master's Degree + |
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2|Years of National Board |
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3|Experience Certification |
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4| 0 $43,149 |
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5| 1 $43,583 |
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6| 2 $44,018 |
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7| 3 $44,452 |
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8| 4 $44,886 |
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9| 5 $45,358 |
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10| 6 $46,822 |
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11| 7 $47,285 |
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12| 8 $47,749 |
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13| 9 $48,212 |
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14| 10 $49,728 |
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15| 11 $51,221 |
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16| 12 $51,713 |
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17| 13 $52,206 |
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18| 14 $52,699 |
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19| 15 $53,212 |
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20| 16 $54,705 |
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21| 17 $55,198 |
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22| 18 $55,691 |
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23| 19 $56,184 |
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24| 20 $56,698 |
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1| 21 $58,192 |
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2| 22 $58,685 |
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3| 23 $59,178 |
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4| 24 $59,671 |
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5| 25 $61,153 |
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6| B. 1. When determining the Minimum Salary Schedule, "fringe |
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7|benefits" shall mean all or part of retirement benefits, excluding |
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8|the contributions made pursuant to subsection A of Section 17-108.1 |
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9|of Title 70 of the Oklahoma Statutes and the flexible benefit |
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10|allowance pursuant to Section 26-105 of Title 70 of the Oklahoma |
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11|Statutes from the flexible benefit allowance funds disbursed by the |
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12|State Board of Education and the State Board of Career and |
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13|Technology Education pursuant to Section 26-104 of Title 70 of the |
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14|Oklahoma Statutes. |
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15| 2. If a school district intends to provide retirement benefits |
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16|to a teacher such that the teacher's salary would be less than the |
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17|amounts set forth in the minimum salary schedule specified in |
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18|subsection A of this section, the district shall be required to |
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19|provide written notification to the teacher prior to his or her |
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20|employment or, if already employed by the district, no later than |
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21|thirty (30) days prior to the date the district elects to provide |
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22|retirement benefits such that the teacher's salary would be less |
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23|than the minimum salary schedule. |
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24| |
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1| C. Any of the degrees referred to in this section shall be from |
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2|a college recognized by the State Board of Education. The Board |
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3|shall accept teaching experience from out-of-state school districts |
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4|that are accredited by the State Board of Education or appropriate |
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5|state accrediting agency for the districts. The Board shall accept |
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6|teaching experience from out-of-country schools that are accredited |
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7|or otherwise endorsed by the appropriate national or regional |
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8|accrediting or endorsement authority. Out-of-country certification |
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9|documentation in a language other than English shall be analyzed by |
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10|an educational credential evaluation service in accordance with |
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11|industry standards and guidelines and approved by the State |
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12|Department of Education. The person seeking to have credit granted |
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13|for out-of-country teaching experience shall be responsible for all |
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14|costs of the analysis by a credential evaluation service. The Board |
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15|shall accept teaching experience from primary and secondary schools |
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16|that are operated by the United States Department of Defense or are |
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17|affiliated with the United States Department of State. |
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18| D. For the purpose of state salary increments and retirement, |
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19|no teacher shall be granted credit for more than five (5) years of |
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20|active duty in the military service or out-of-state or |
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21|out-of-country teaching experience as a certified teacher or its |
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22|equivalent. Nothing in this section shall prohibit boards of |
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23|education from crediting more years of experience on district salary |
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24|schedules than those allowed for state purposes. |
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1| E. The State Board of Education shall recognize, for purposes |
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2|of certification and salary increments, all the years of experience |
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3|of a: |
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4| 1. Certified teacher who teaches in the educational program of |
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5|the Department of Corrections, beginning with fiscal year 1981; |
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6| 2. Vocational rehabilitation counselor under the Department of |
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7|Human Services if the counselor was employed as a certified teacher |
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8|by the State Department of Education when the Division of Vocational |
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9|Rehabilitation was transferred from the State Board of Career and |
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10|Technology Education or the State Board of Education to the Oklahoma |
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11|Public Welfare Commission on July 1, 1968; |
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12| 3. Vocational rehabilitation counselor which were completed |
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13|while employed by the Department of Human Services if such counselor |
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14|was certified as a teacher or was eligible for certification as a |
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15|teacher in Oklahoma; |
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16| 4. Certified teacher which were completed while employed by the |
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17|Child Study Center located at University Hospital, if the teacher |
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18|was certified as a teacher in Oklahoma; and |
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19| 5. Certified school psychologist or psychometrist which were |
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20|completed while employed as a doctoral intern, psychological |
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21|assistant, or psychologist with any agency of the State of Oklahoma |
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22|if the experience primarily involved work with persons of school- or |
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23|preschool-age and if the person was, at the time the experience was |
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24| |
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1|acquired, certified as, or eligible for certification as, a school |
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2|psychologist or psychometrist. |
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3| F. The provisions of this section shall not apply to teachers |
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4|who have entered into postretirement employment with a public school |
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5|in Oklahoma and are still receiving a monthly retirement benefit. |
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6| G. If a person employed as certified personnel, as defined in |
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7|Section 26-103 of Title 70 of the Oklahoma Statutes, by a school |
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8|district during the 2022-2023 school year was receiving a salary |
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9|above the step level indicated by the State Minimum Salary Schedule |
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10|for the 2022-2023 school year, the person shall receive a salary |
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11|increase amount equal to the amount indicated in subsection A for |
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12|the step level indicated for the person, provided they remain |
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13|employed by the same district, unless the hours or the duties of the |
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14|certified personnel are reduced proportionately. The salary |
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15|increase provided for in subsection A of this section shall be in |
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16|addition to, and not as a replacement for, the step increase |
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17|indicated for the certified personnel pursuant to the State Minimum |
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18|Salary Schedule, as provided for in this act. |
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19| H. If a school district does not receive Foundation or Salary |
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20|Incentive Aid pursuant to Section 18-200.1 of Title 70 of the |
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21|Oklahoma Statutes, funds shall be allocated by the State Board of |
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22|Education to implement the salary increases indicated in subsection |
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23|A of this section. |
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24| |
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1| I. Persons employed as classroom instructional employees of |
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2|technology center school districts supervised by the State Board of |
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3|Career and Technology Education shall receive a salary increase |
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4|amount equal to the amount indicated in subsection A of this section |
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5|for the step level indicated for the person, provided they remain |
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6|employed by the same technology center school district, unless the |
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7|hours or the duties of the classroom instructional employees are |
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8|reduced proportionately. |
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9| J. Persons employed as correctional teachers or vocational |
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10|instructors by the Department of Corrections pursuant to Section |
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11|510.6a of Title 57 of the Oklahoma Statutes or persons employed as |
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12|teachers by the Office of Juvenile Affairs shall receive a salary |
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13|increase amount equal to the amount indicated in subsection A of |
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14|this section for the step level indicated for the person, provided |
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15|they remain employed by the same Department of Corrections or Office |
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16|of Juvenile Affairs facility, unless the hours or the duties of the |
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17|correctional teachers, vocational instructors, or teachers are |
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18|reduced proportionately. |
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19| SECTION 3. NEW LAW A new section of law not to be |
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20|codified in the Oklahoma Statutes reads as follows: |
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21| A. During the 2023-2024 school year, all certified personnel, |
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22|as defined in Section 26-103 of Title 70 of the Oklahoma Statutes, |
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23|who were employed full time by a school district during the |
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24|2022-2023 school year shall receive a one-time stipend of Three |
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1|Thousand Dollars ($3,000.00), provided they remain employed full |
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2|time by the school district. |
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3| B. During the 2023-2024 school year, all support personnel, as |
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4|defined in Section 26-103 of Title 70 of the Oklahoma Statutes, |
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5|shall receive a one-time stipend of Three Thousand Dollars |
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6|($3,000.00). This amount shall be prorated for part-time support |
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7|personnel. |
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8| C. During the 2023-2024 school year, persons employed as |
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9|classroom instructional employees of technology center school |
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10|districts supervised by the State Board of Career and Technology |
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11|Education who were employed full time by a technology center school |
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12|district during the 2022-2023 school year shall receive a one-time |
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13|stipend of Three Thousand Dollars ($3,000.00), provided they remain |
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14|employed full time by the technology center school district. |
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15| D. During the 2023-2024 school year, persons employed as |
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16|correctional teachers or vocational instructors by the Department of |
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17|Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma |
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18|Statutes or persons employed as teachers by the Office of Juvenile |
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19|Affairs who were employed full time by the Department of Corrections |
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20|or the Office of Juvenile Affairs during the 2022-2023 school year |
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21|shall receive a one-time stipend of Three Thousand Dollars |
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22|($3,000.00), provided they remain employed full time by the |
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23|Department of Corrections or the Office of Juvenile Affairs. |
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24| |
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1| SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-190, as |
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2|amended by Section 3, Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2022, |
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3|Section 6-190), is amended to read as follows: |
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4| Section 6-190. A. The board of education of each school |
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5|district shall employ and contract in writing, as required in |
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6|Section 6-101 of this title, only with persons certified to teach by |
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7|the State Board of Education in accordance with the Oklahoma Teacher |
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8|Preparation Act, except as otherwise provided for by Section 6-101 |
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9|of this title and by other law. |
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10| B. The Board shall issue a certificate to teach to any person |
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11|who: |
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12| 1. Has successfully completed the teacher education program |
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13|required by the Commission for Educational Quality and |
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14|Accountability; |
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15| 2. Has graduated from an accredited institution of higher |
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16|education that has approval or accreditation for teacher education; |
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17| 3. Has met all other requirements as may be established by the |
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18|Board; |
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19| 4. Has made the necessary application and paid the competency |
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20|examination fee in an amount and as prescribed by the Commission; |
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21| 5. Has successfully completed the competency examination |
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22|required in Section 6-187 of this title; and |
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23| 6. Beginning November 1, 2001, has on file with the Board a |
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24|current Oklahoma criminal history record from the Oklahoma State |
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1|Bureau of Investigation as well as a national criminal history |
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2|record check as defined in Section 150.9 of Title 74 of the Oklahoma |
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3|Statutes. Upon receipt of the Oklahoma criminal history record, the |
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4|Board may issue a temporary certificate which shall be effective |
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5|until receipt of the national fingerprint-based criminal history |
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6|record. The person applying for a certificate shall be responsible |
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7|for the cost of the criminal history records. |
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8| C. The Board shall issue a certificate to teach to any person |
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9|who: |
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10| 1. Holds an out-of-state certificate and meets the requirements |
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11|set forth in subsection G of this section; |
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12| 2. Holds certification from the National Board for Professional |
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13|Teaching Standards; |
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14| 3. Holds an out-of-country certificate and meets the |
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15|requirements set forth in subsection F of this section; or |
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16| 4. Has successfully completed a competency examination used in |
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17|the majority of other states or comparable customized exam and meets |
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18|the requirements set forth in subsection H of this section. |
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19| D. Beginning July 1, 2004, any person applying for initial |
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20|Oklahoma certification shall have on file with the Board a current |
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21|Oklahoma criminal history record from the Oklahoma State Bureau of |
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22|Investigation as well as a national criminal history record check as |
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23|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
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24|receipt of the Oklahoma criminal history record, the Board may issue |
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1|a temporary certificate which shall be effective until receipt of |
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2|the national fingerprint-based criminal history record. The person |
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3|applying for a certificate shall be responsible for the cost of the |
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4|criminal history records. |
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5| E. Any person holding a valid certificate, issued prior to |
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6|January 1, 1997, shall be a certified teacher for purposes of the |
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7|Oklahoma Teacher Preparation Act, subject to any professional |
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8|development requirements prescribed by the Oklahoma Teacher |
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9|Preparation Act or by the State Board of Education. |
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10| F. 1. The Board shall issue a certificate to teach to a person |
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11|who holds a valid out-of-country certificate and meets any |
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12|requirements established by the Board. The certificate to teach |
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13|shall only be for those subject areas and grade levels most closely |
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14|aligned to the subject areas and grade levels recognized on the |
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15|out-of-country certificate. |
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16| 2. A person who meets the requirements of paragraph 1 of this |
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17|subsection shall not be required to take any competency examinations |
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18|in those subject areas and grade levels most closely aligned to the |
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19|subject areas and grade levels recognized on the out-of-country |
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20|certificate. |
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21| 3. A person who meets the requirements of paragraph 1 of this |
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22|subsection shall have on file with the Board a current Oklahoma |
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23|criminal history record check from the Oklahoma State Bureau of |
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24|Investigation as well as a national criminal history record check as |
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1|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
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2|receipt of the Oklahoma criminal history record check, the Board may |
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3|issue a temporary certificate which shall be effective until receipt |
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4|of the national fingerprint-based criminal history record check. |
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5|The person applying for a certificate shall be responsible for the |
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6|cost of the criminal history record checks. |
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7| 4. The Board shall promulgate rules establishing a process by |
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8|which out-of-country certificates will be reviewed and evaluated for |
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9|purposes of awarding a certificate to teach pursuant to this |
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10|subsection. |
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11| G. 1. The Board shall issue a certificate to teach to a person |
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12|who holds a valid out-of-state certificate. The certificate to |
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13|teach shall only be for those subject areas and grade levels most |
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14|closely aligned to the subject areas and grade levels recognized on |
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15|the out-of-state certificate. |
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16| 2. A person who meets the requirements of paragraph 1 of this |
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17|subsection shall not be required to take any competency examinations |
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18|in those subject areas and grade levels most closely aligned to the |
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19|subject areas and grade levels recognized on the out-of-state |
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20|certificate. |
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21| 3. A person who meets the requirements of this subsection shall |
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22|have on file with the Board a current Oklahoma criminal history |
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23|record check from the Oklahoma State Bureau of Investigation as well |
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24|as a national criminal history record check as defined in Section |
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1|150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the |
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2|Oklahoma criminal history record check, the Board may issue a |
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3|temporary certificate which shall be effective until receipt of the |
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4|national fingerprint-based criminal history record check. The |
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5|person applying for a certificate shall be responsible for the cost |
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6|of the criminal history record checks. |
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7| H. 1. The Board shall issue a certificate to teach to a person |
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8|who has successfully completed a competency exam used in a majority |
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9|of the other states. The certificate to teach shall only be for |
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10|those subject areas and grade levels that correspond with a |
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11|certification area used in Oklahoma. |
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12| 2. A person who meets the requirements of paragraph 1 of this |
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13|subsection shall have on file with the Board a current Oklahoma |
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14|criminal history record check from the Oklahoma State Bureau of |
| |
15|Investigation as well as a national criminal history record check as |
| |
16|defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon |
| |
17|receipt of the Oklahoma criminal history record check, the Board may |
| |
18|issue a temporary certificate which shall be effective until receipt |
| |
19|of the national fingerprint-based criminal history record check. |
| |
20|The person applying for a certificate shall be responsible for the |
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21|cost of the criminal history record checks. |
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22| I. 1. The Board may establish new levels of teacher |
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23|certificates: advanced, lead, and master. Each level shall have a |
| |
24|minimum salary increase requirement paid by the school district and |
| |
Page 16
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1|matched with state dollars from the lottery funds as provided in |
| |
2|Section 713 of Title 3A of the Oklahoma Statutes. The advanced |
| |
3|certificate shall include a minimum salary increase of Three |
| |
4|Thousand Dollars ($3,000.00), the lead certificate shall include a |
| |
5|minimum salary increase of Five Thousand Dollars ($5,000.00), and |
| |
6|the master certificate shall include a minimum salary increase of |
| |
7|Ten Thousand Dollars ($10,000.00) and maximum salary increase of |
| |
8|Forty Thousand Dollars ($40,000.00). |
| |
9| 2. A teacher who works in a school with an enrollment of forty |
| |
10|percent (40%) or more of students who are economically disadvantaged |
| |
11|as defined in Section 18-109.5 of this title or a school district |
| |
12|with an enrollment of fewer than one thousand students shall be paid |
| |
13|a one-time award in addition to the salary increases provided in |
| |
14|paragraph 1 of this subsection: |
| |
15| a. One Thousand Five Hundred Dollars ($1,500.00) for an |
| |
16| advanced certificate, |
| |
17| b. Two Thousand Five Hundred Dollars ($2,500.00) for a |
| |
18| lead certificate, and |
| |
19| c. Five Thousand Dollars ($5,000.00) for a master |
| |
20| certificate. |
| |
21| 3. School districts may identify and designate the highest |
| |
22|quality teachers for advanced, lead, and master certificates. |
| |
23|Participating districts shall submit designation plans to the State |
| |
24|Department of Education for evaluation and approval. Districts |
| |
Page 17
___________________________________________________________________________
1|shall have local control and flexibility in determining how to |
| |
2|evaluate teachers and assign designations, but, at a minimum, the |
| |
3|designation system shall include a teacher observation, |
| |
4|out-of-classroom time, and a student performance component. |
| |
5| a. Teacher observation shall be based on the district's |
| |
6| selected Teacher and Leader Effectiveness Evaluation |
| |
7| System (TLE) evaluation tool or an alternate method of |
| |
8| evaluation; provided, the method is evidenced-based. |
| |
9| Alternate methods of evaluation shall not replace the |
| |
10| requirements of Section 6-101.16 of this title. |
| |
11| b. Each school district that elects to participate in |
| |
12| assigning advanced, lead, and master teacher |
| |
13| certificates shall include an out-of-classroom |
| |
14| component for its assigned teachers to allow for |
| |
15| professional growth opportunities while staying in the |
| |
16| classroom. How out-of-classroom time is allotted and |
| |
17| managed shall be determined by the school district and |
| |
18| submitted as part of its designation plan to the State |
| |
19| Department of Education for review and approval. |
| |
20| c. Student performance measures may be determined by the |
| |
21| district and may include, but shall not be limited to, |
| |
22| pre- and post-tests, summative or formative, and |
| |
23| portfolios. The school district application shall |
| |
24| |
| |
Page 18
___________________________________________________________________________
1| show evidence of validity and reliability of the |
| |
2| measures. |
| |
3| Districts may use additional factors in determining which |
| |
4|teachers are eligible to receive a designation, such as student |
| |
5|surveys, teacher leadership responsibilities, teacher mentorship |
| |
6|responsibilities, family surveys, demonstration of district core |
| |
7|values, teacher peer surveys, and contributions to the broader |
| |
8|school community. No more than ten percent (10%) of each school |
| |
9|district's teachers may be designated as an advanced, lead, or |
| |
10|master teacher in any given school year. |
| |
11| 4. If a school district chooses to participate in this program, |
| |
12|the state shall match the amount the district pays above base pay, |
| |
13|up to Forty Thousand Dollars ($40,000.00) per teacher. |
| |
14| 5. School districts that designate teachers for advanced, lead, |
| |
15|and master certificates do not have to participate in annual TLE |
| |
16|evaluations for the designated teachers. |
| |
17| 6. School districts may designate teachers for advanced, lead, |
| |
18|or master certificates two times per year, once prior to the |
| |
19|beginning of the school year, and once prior to the beginning of the |
| |
20|second semester. Teachers statewide who receive these designations |
| |
21|shall be placed in professional development cohorts and provided |
| |
22|additional training opportunities from the State Department of |
| |
23|Education. |
| |
24| |
| |
Page 19
___________________________________________________________________________
1| 7. After initial approval by the State Department of Education, |
| |
2|the Department shall review and validate each participating school |
| |
3|district's teacher evaluation system biennially. |
| |
4| 8. The State Department of Education shall annually report the |
| |
5|school districts participating in the program, the number of |
| |
6|advanced, lead, and master certificates awarded, and the total |
| |
7|amount in state match funding that was distributed to teachers. |
| |
8| J. The State Board of Education shall adopt rules to implement |
| |
9|a renewal schedule and associated fees for advanced, lead, and |
| |
10|master teaching certificates. The rules shall allow a teacher that |
| |
11|no longer meets the requirements of an advanced, lead, or master |
| |
12|teaching certificate to make application for the standard teaching |
| |
13|certificate. |
| |
14| K. The terms of the contracts issued to those holding advanced, |
| |
15|lead, and master teaching certificates shall include the following: |
| |
16| 1. Advanced: an additional five (5) days to be used to |
| |
17|strengthen instructional leadership. A person with an advanced |
| |
18|teaching certificate shall receive an annual salary increase of at |
| |
19|least Three Thousand Dollars ($3,000.00) or the district's daily |
| |
20|rate of pay, whichever is higher, in addition to the salary for |
| |
21|which the teacher qualifies pursuant to Section 18-114.14 of this |
| |
22|title. This increase shall be matched by state dollars from the |
| |
23|lottery funds as provided in Section 713 of Title 3A of the Oklahoma |
| |
24| |
| |
Page 20
___________________________________________________________________________
1|Statutes and shall be paid as regular annual compensation directly |
| |
2|to teachers through school districts; |
| |
3| 2. Lead: an additional ten (10) days to be used to strengthen |
| |
4|instructional leadership. A person with a lead teaching certificate |
| |
5|shall receive an annual salary increase of at least Five Thousand |
| |
6|Dollars ($5,000.00) or the district's daily rate of pay, whichever |
| |
7|is higher, in addition to the salary for which the teacher qualifies |
| |
8|pursuant to Section 18-114.14 of this title. This increase shall be |
| |
9|matched by state dollars from the lottery funds as provided in |
| |
10|Section 713 of Title 3A of the Oklahoma Statutes and shall be paid |
| |
11|as regular annual compensation directly to teachers through school |
| |
12|districts; and |
| |
13| 3. Master: an additional fifteen (15) days to be used to |
| |
14|strengthen leadership. A person with a master teaching certificate |
| |
15|shall receive an annual salary increase of at least Ten Thousand |
| |
16|Dollars ($10,000.00) or the district's daily rate of pay, whichever |
| |
17|is higher, in addition to the salary for which the teacher qualifies |
| |
18|pursuant to Section 18-114.14 of this title. This increase, up to |
| |
19|Forty Thousand Dollars ($40,000.00), shall be matched by state |
| |
20|dollars from the lottery funds as provided in Section 713 of Title |
| |
21|3A of the Oklahoma Statutes and shall be paid as regular annual |
| |
22|compensation directly to teachers through school districts. |
| |
23| If a person with an advanced, lead, or master teaching |
| |
24|certificate changes school districts during the life of the |
| |
Page 21
___________________________________________________________________________
1|certificate, the terms of the contracts required in this subsection |
| |
2|shall be subject to approval by the new employing school district. |
| |
3| L. Beginning in the 2022-2023 school year, the Department shall |
| |
4|make the teaching certificates provided for in this section |
| |
5|available for any person who has received a recommendation from his |
| |
6|or her school district and who meets the eligibility criteria as |
| |
7|outlined in each school district's teacher evaluation system |
| |
8|provided for in subsection I of this section. |
| |
9| M. The funding necessary for the administration of this section |
| |
10|shall be provided from the Teacher Empowerment Revolving Fund |
| |
11|created in Section 2 of this act. If funding for the administration |
| |
12|of the teaching certificates listed in subsection I is not |
| |
13|available, the Department shall not be required to fulfill the |
| |
14|requirements listed in subsections I, K, and L of this section. |
| |
15| N. The State Board of Education shall promulgate rules to |
| |
16|implement the provisions of Section 6-180 et seq. of this title. |
| |
17| SECTION 5. AMENDATORY Section 2, Chapter 359, O.S.L. |
| |
18|2022 (70 O.S. Supp. 2022, Section 6-190.2), is amended to read as |
| |
19|follows: |
| |
20| Section 6-190.2. A. There is hereby created in the State |
| |
21|Treasury a revolving fund for the State Department of Education |
| |
22|State Board of Education to be designated the "Teacher Empowerment |
| |
23|Revolving Fund". The revolving fund shall be a continuing fund, |
| |
24|without legislative appropriation, not subject to fiscal year |
| |
Page 22
___________________________________________________________________________
1|limitations, and shall be under the control and management of the |
| |
2|State Department of Education consist of all monies received |
| |
3|pursuant to paragraph 2 of subsection D of Section 713 of Title 3A |
| |
4|of the Oklahoma Statutes. Expenditures from the Teacher Empowerment |
| |
5|Revolving Fund shall All monies accruing to the credit of the fund |
| |
6|may be budgeted and expended as provided for in subsection B of this |
| |
7|section by the State Board of Education for the purpose of |
| |
8|implementing the provisions of Section 6 of this act. Expenditures |
| |
9|from the fund shall be made upon warrants issued by the State |
| |
10|Treasurer against claims filed as prescribed by law with the |
| |
11|Director of the Office of Management and Enterprise Services for |
| |
12|approval and payment. |
| |
13| B. The State Department of Education shall utilize the funds |
| |
14|for the program outlined in Section 6-190 of Title 70 of the |
| |
15|Oklahoma Statutes. Funding shall go toward advanced, lead, and |
| |
16|master certificate holders on a first-come, first-served basis until |
| |
17|the cash is exhausted for the school year. Funds from the Teacher |
| |
18|Empowerment Revolving Fund shall serve as a state match to local |
| |
19|dollars each school district contributes to its advanced, lead, and |
| |
20|master teachers as provided in Section 713 of Title 3A of the |
| |
21|Oklahoma Statutes. |
| |
22| SECTION 6. NEW LAW A new section of law to be codified |
| |
23|in the Oklahoma Statutes as Section 18-126.1 of Title 70, unless |
| |
24|there is created a duplication in numbering, reads as follows: |
| |
Page 23
___________________________________________________________________________
1| A. For the purposes of this act: |
| |
2| 1. "Eligible teacher" means a certified person employed on a |
| |
3|full-time basis by a school district to serve as a teacher, |
| |
4|supervisor, counselor, librarian, or certified or registered nurse; |
| |
5|and |
| |
6| 2. "Eligible support employee" means a full-time employee of a |
| |
7|school district as determined by the standard period of labor which |
| |
8|is customarily understood to constitute full-time employment for the |
| |
9|type of services performed by the employee who is employed a minimum |
| |
10|of one hundred seventy-two (172) days and who provides those |
| |
11|services, not performed by professional educators or certified |
| |
12|teachers, which are necessary for the efficient and satisfactory |
| |
13|functioning of a school district and shall not include adult |
| |
14|education instructors or adult coordinators employed by technology |
| |
15|center school districts. |
| |
16| B. The State Department of Education shall create the Rewarding |
| |
17|Excellent Educators Grant Program for the purpose of providing grant |
| |
18|funds to school districts to implement annual qualitative bonus pay |
| |
19|plans for eligible teachers and eligible support employees. |
| |
20| C. To receive grant funds, a school district board of education |
| |
21|shall approve and submit to the State Department of Education a |
| |
22|qualitative bonus pay plan to reward high-performing eligible |
| |
23|teachers and eligible support employees with annual bonuses. The |
| |
24|plan shall include, but not be limited to, the following components: |
| |
Page 24
___________________________________________________________________________
1| 1. Student growth, as defined by the school district board of |
| |
2|education; |
| |
3| 2. Peer evaluations; |
| |
4| 3. Administrator evaluations; |
| |
5| 4. Mentorship participation; and |
| |
6| 5. Participation in extra responsibilities or duties. |
| |
7| D. The State Department of Education shall award grant funds to |
| |
8|school districts from the Teacher Empowerment Revolving Fund created |
| |
9|in Section 6-190.2 of Title 70 of the Oklahoma Statutes on a |
| |
10|first-come, first-served basis. |
| |
11| E. Grants awarded pursuant to this section shall be used to |
| |
12|provide annual bonuses to eligible teachers and eligible support |
| |
13|employees. No more than ten percent (10%) of a school district's |
| |
14|eligible teachers and eligible support employees may be provided |
| |
15|annual bonuses during each school year. No bonus shall exceed Five |
| |
16|Thousand Dollars ($5,000.00). |
| |
17| SECTION 7. AMENDATORY 70 O.S. 2021, Section 18-200.1, as |
| |
18|last amended by Section 2, Chapter 488, O.S.L. 2021, is amended to |
| |
19|read as follows: |
| |
20| Section 18-200.1. A. Beginning with the 2022-2023 school year, |
| |
21|and each school year thereafter, each school district shall have its |
| |
22|initial allocation of State Aid calculated based on the state |
| |
23|dedicated revenues actually collected during the preceding fiscal |
| |
24|year, the adjusted assessed valuation of the preceding year, and the |
| |
Page 25
___________________________________________________________________________
1|weighted average daily membership for the school district of the |
| |
2|preceding school year. Each school district shall submit the |
| |
3|following data based on the first nine (9) weeks, to be used in the |
| |
4|calculation of the average daily membership of the school district: |
| |
5| 1. Student enrollment by grade level; |
| |
6| 2. Pupil category counts; and |
| |
7| 3. Transportation supplement data. |
| |
8| On or before December 30, the State Department of Education |
| |
9|shall determine each school district's current year allocation |
| |
10|pursuant to subsection D of this section. The State Department of |
| |
11|Education shall complete an audit, using procedures established by |
| |
12|the Department, of the student enrollment by grade level data, pupil |
| |
13|category counts, and transportation supplement data to be used in |
| |
14|the State Aid Formula pursuant to subsection D of this section by |
| |
15|December 1 and by January 15 shall notify each school district of |
| |
16|the district's final State Aid allocation for the current school |
| |
17|year. The January payment of State Aid and each subsequent payment |
| |
18|for the remainder of the school year shall be based on the final |
| |
19|State Aid allocation as calculated in subsection D of this section. |
| |
20|Except for reductions made due to the assessment of penalties by the |
| |
21|State Department of Education according to law, the January payment |
| |
22|of State Aid and each subsequent payment for the remainder of the |
| |
23|school year shall not decrease by an amount more than the amount |
| |
24|that the current chargeable revenue increases for that district. |
| |
Page 26
___________________________________________________________________________
1| B. The State Department of Education shall retain not less than |
| |
2|one and one-half percent (1 1/2%) of the total funds appropriated |
| |
3|for financial support of schools, to be used to make midyear |
| |
4|adjustments in State Aid and which shall be reflected in the final |
| |
5|allocations. If the amount of appropriated funds, including the one |
| |
6|and one-half percent (1 1/2%) retained, remaining after January 1 of |
| |
7|each year is not sufficient to fully fund the final allocations, the |
| |
8|Department shall recalculate each school district's remaining |
| |
9|allocation pursuant to subsection D of this section using the |
| |
10|reduced amount of appropriated funds. |
| |
11| C. On and after July 1, 1997, the amount of State Aid each |
| |
12|district shall receive shall be the sum of the Foundation Aid, the |
| |
13|Salary Incentive Aid, and the Transportation Supplement, as adjusted |
| |
14|pursuant to the provisions of subsection G of this section and |
| |
15|Section 18-112.2 of this title; provided, no district having per |
| |
16|pupil revenue in excess of three hundred percent (300%) of the |
| |
17|average per pupil revenue of all districts shall receive any State |
| |
18|Aid or Supplement in State Aid. |
| |
19| The July calculation of per pupil revenue shall be determined by |
| |
20|dividing the district's second preceding year's total weighted |
| |
21|average daily membership (ADM) into the district's preceding year's |
| |
22|total revenues excluding federal revenue, insurance loss payments, |
| |
23|reimbursements, recovery of overpayments and refunds, unused |
| |
24| |
| |
Page 27
___________________________________________________________________________
1|reserves, prior expenditures recovered, prior year surpluses, and |
| |
2|less the amount of any transfer fees paid in that year. |
| |
3| The December calculation of per pupil revenue shall be |
| |
4|determined by dividing the district's preceding year's total |
| |
5|weighted average daily membership (ADM) into the district's |
| |
6|preceding year's total revenues excluding federal revenue, insurance |
| |
7|loss payments, reimbursements, recovery of overpayments and refunds, |
| |
8|unused reserves, prior expenditures recovered, prior year surpluses, |
| |
9|and less the amount of any transfer fees paid in that year. |
| |
10| D. For the 1997-98 school year, and each school year |
| |
11|thereafter, Foundation Aid, the Transportation Supplement, and |
| |
12|Salary Incentive Aid shall be calculated as follows: |
| |
13| 1. Foundation Aid shall be determined by subtracting the amount |
| |
14|of the Foundation Program Income from the cost of the Foundation |
| |
15|Program and adding to this difference the Transportation Supplement. |
| |
16| a. The Foundation Program shall be a district's higher |
| |
17| weighted average daily membership based on the first |
| |
18| nine (9) weeks of the current school year or the |
| |
19| preceding school year of a school district, as |
| |
20| determined by the provisions of subsection A of |
| |
21| Section 18-201.1 of this title and paragraphs 1, 2, 3, |
| |
22| and 4 of subsection B of Section 18-201.1 of this |
| |
23| title, multiplied by the Base Foundation Support |
| |
24| Level. However, for the portion of weighted |
| |
Page 28
___________________________________________________________________________
1| membership derived from nonresident, transferred |
| |
2| pupils enrolled in online courses, the Foundation |
| |
3| Program shall be a district's weighted average daily |
| |
4| membership of the preceding school year or the first |
| |
5| nine (9) weeks of the current school year, whichever |
| |
6| is greater, as determined by the provisions of |
| |
7| subsection A of Section 18-201.1 of this title and |
| |
8| paragraphs 1, 2, 3, and 4 of subsection B of Section |
| |
9| 18-201.1 of this title, multiplied by the Base |
| |
10| Foundation Support Level. |
| |
11| b. The Foundation Program Income shall be the sum of the |
| |
12| following: |
| |
13| (1) The adjusted assessed valuation of the current |
| |
14| school year of the school district, minus the |
| |
15| previous year protested ad valorem tax revenues |
| |
16| held as prescribed in Section 2884 of Title 68 of |
| |
17| the Oklahoma Statutes, multiplied by the mills |
| |
18| levied pursuant to subsection (c) of Section 9 of |
| |
19| Article X of the Oklahoma Constitution, if |
| |
20| applicable, as adjusted in subsection (c) of |
| |
21| Section 8A of Article X of the Oklahoma |
| |
22| Constitution. For purposes of this subsection, |
| |
23| the "adjusted assessed valuation of the current |
| |
24| school year" shall be the adjusted assessed |
| |
Page 29
___________________________________________________________________________
1| valuation on which tax revenues are collected |
| |
2| during the current school year, and |
| |
3| (2) Seventy-five percent (75%) of the amount received |
| |
4| by the school district from the proceeds of the |
| |
5| county levy during the preceding fiscal year, as |
| |
6| levied pursuant to subsection (b) of Section 9 of |
| |
7| Article X of the Oklahoma Constitution, and |
| |
8| (3) Motor Vehicle Collections motor vehicle |
| |
9| collections, and |
| |
10| (4) Gross Production Tax gross production tax, and |
| |
11| (5) State Apportionment state apportionment, and |
| |
12| (6) R.E.A. Tax tax. |
| |
13| The items listed in divisions (3), (4), (5), and (6) |
| |
14| of this subparagraph shall consist of the amounts |
| |
15| actually collected from such sources during the |
| |
16| preceding fiscal year calculated on a per capita basis |
| |
17| on the unit provided for by law for the distribution |
| |
18| of each such revenue. |
| |
19| 2. The Transportation Supplement shall be equal to the average |
| |
20|daily haul times the per capita allowance times the appropriate |
| |
21|transportation factor. |
| |
22| a. The average daily haul shall be the number of children |
| |
23| in a district who are legally transported and who live |
| |
24| one and one-half (1 1/2) miles or more from school. |
| |
Page 30
___________________________________________________________________________
1| b. The per capita allowance shall be determined using the |
| |
2| following chart: |
| |
3| PER CAPITA PER CAPITA |
| |
4| |
| |
5|DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE |
| |
6|.3000 - .3083 $167.00 .9334 - .9599 $99.00 |
| |
7|.3084 - .3249 $165.00 .9600 - .9866 $97.00 |
| |
8|.3250 - .3416 $163.00 .9867 - 1.1071 $95.00 |
| |
9|.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00 |
| |
10|.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00 |
| |
11|.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00 |
| |
12|.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00 |
| |
13|.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00 |
| |
14|.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00 |
| |
15|.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00 |
| |
16|.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00 |
| |
17|.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00 |
| |
18|.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00 |
| |
19|.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00 |
| |
20|.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00 |
| |
21|.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00 |
| |
22|.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00 |
| |
23|.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00 |
| |
24|.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00 |
| |
Page 31
___________________________________________________________________________
1|.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00 |
| |
2|.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00 |
| |
3|.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00 |
| |
4|.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00 |
| |
5|.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00 |
| |
6|.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00 |
| |
7|.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00 |
| |
8|.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00 |
| |
9|.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00 |
| |
10|.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00 |
| |
11|.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00 |
| |
12|.9067 - .9333 $101.00 9.6668 or more $33.00 |
| |
13| c. The formula transportation factor shall be 1.39 2.0. |
| |
14| 3. Salary Incentive Aid shall be determined as follows: |
| |
15| a. Multiply the Incentive Aid guarantee by the district's |
| |
16| higher weighted average daily membership based on the |
| |
17| first nine (9) weeks of the current school year or the |
| |
18| preceding school year of a school district, as |
| |
19| determined by the provisions of subsection A of |
| |
20| Section 18-201.1 of this title and paragraphs 1, 2, 3, |
| |
21| and 4 of subsection B of Section 18-201.1 of this |
| |
22| title. |
| |
23| b. Divide the district's adjusted assessed valuation of |
| |
24| the current school year minus the previous year's |
| |
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1| protested ad valorem tax revenues held as prescribed |
| |
2| in Section 2884 of Title 68 of the Oklahoma Statutes, |
| |
3| by one thousand (1,000) and subtract the quotient from |
| |
4| the product of subparagraph a of this paragraph. The |
| |
5| remainder shall not be less than zero (0). |
| |
6| c. Multiply the number of mills levied for general fund |
| |
7| purposes above the fifteen (15) mills required to |
| |
8| support Foundation Aid pursuant to division (1) of |
| |
9| subparagraph b of paragraph 1 of this subsection, not |
| |
10| including the county four-mill levy, by the remainder |
| |
11| of subparagraph b of this paragraph. The product |
| |
12| shall be the Salary Incentive Aid of the district. |
| |
13| E. By June 30, 1998, the State Department of Education shall |
| |
14|develop and the Department and all school districts shall have |
| |
15|implemented a student identification system which is consistent with |
| |
16|the provisions of subsections C and D of Section 3111 of Title 74 of |
| |
17|the Oklahoma Statutes. The student identification system shall be |
| |
18|used specifically for the purpose of reporting enrollment data by |
| |
19|school sites and by school districts, the administration of the |
| |
20|Oklahoma School Testing Program Act, the collection of appropriate |
| |
21|and necessary data pursuant to the Oklahoma Educational Indicators |
| |
22|Program, determining student enrollment, establishing a student |
| |
23|mobility rate, allocation of the State Aid Formula, and midyear |
| |
24|adjustments in funding for student growth. This enrollment data |
| |
Page 33
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1|shall be submitted to the State Department of Education in |
| |
2|accordance with rules promulgated by the State Board of Education. |
| |
3|Funding for the development, implementation, personnel training, and |
| |
4|maintenance of the student identification system shall be set out in |
| |
5|a separate line item in the allocation section of the appropriation |
| |
6|bill for the State Board of Education for each year. |
| |
7| F. 1. In the event that ad valorem taxes of a school district |
| |
8|are determined to be uncollectible because of bankruptcy, clerical |
| |
9|error, or a successful tax protest, and the amount of such taxes |
| |
10|deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or |
| |
11|an amount greater than twenty-five percent (25%) of ad valorem taxes |
| |
12|per tax year, or the valuation of a district is lowered by order of |
| |
13|the State Board of Equalization, the school district's State Aid, |
| |
14|for the school year that such ad valorem taxes are calculated in the |
| |
15|State Aid Formula, shall be determined by subtracting the net |
| |
16|assessed valuation of the property upon which taxes were deemed |
| |
17|uncollectible from the assessed valuation of the school district and |
| |
18|the state. Upon request of the local board of education, it shall |
| |
19|be the duty of the county assessor to certify to the Director of |
| |
20|Finance of the State Department of Education the net assessed |
| |
21|valuation of the property upon which taxes were determined |
| |
22|uncollectible. |
| |
23| 2. In the event that the amount of funds a school district |
| |
24|receives for reimbursement from the Ad Valorem Reimbursement Fund is |
| |
Page 34
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1|less than the amount of funds claimed for reimbursement by the |
| |
2|school district due to insufficiency of funds as provided in Section |
| |
3|193 of Title 62 of the Oklahoma Statutes, then the school district's |
| |
4|assessed valuation for the school year that such ad valorem |
| |
5|reimbursement is calculated in the State Aid Formula shall be |
| |
6|adjusted accordingly. |
| |
7| G. 1. Notwithstanding the provisions of Section 18-112.2 of |
| |
8|this title, a school district shall have its State Aid reduced by an |
| |
9|amount equal to the amount of carryover in the general fund of the |
| |
10|district as of June 30 of the preceding fiscal year, that is in |
| |
11|excess of the following standards for two (2) consecutive years: |
| |
12| Total Amount of Amount of |
| |
13| General Fund Collections, General Fund |
| |
14| Excluding Previous Year Balance |
| |
15| Cash Surplus as of June 30 Allowable |
| |
16| Less than $1,000,000 48% |
| |
17| $1,000,000 - $2,999,999 42% |
| |
18| $3,000,000 - $3,999,999 36% |
| |
19| $4,000,000 - $4,999,999 30% |
| |
20| $5,000,000 - $5,999,999 24% |
| |
21| $6,000,000 - $7,999,999 22% |
| |
22| $8,000,000 - $9,999,999 19% |
| |
23| $10,000,000 or more 17% |
| |
24| |
| |
Page 35
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1| 2. By February 1 the State Department of Education shall send |
| |
2|by certified mail, with return receipt requested, to each School |
| |
3|District Superintendent school district superintendent, Auditor |
| |
4|auditor, and Regional Accreditation Officer regional accreditation |
| |
5|officer a notice of and calculation sheet reflecting the general |
| |
6|fund balance penalty to be assessed against that school district. |
| |
7|Calculation of the general fund balance penalty shall not include |
| |
8|federal revenue. Within thirty (30) days of receipt of this written |
| |
9|notice the school district shall submit to the Department a written |
| |
10|reply either accepting or protesting the penalty to be assessed |
| |
11|against the district. If protesting, the school district shall |
| |
12|submit with its reply the reasons for rejecting the calculations and |
| |
13|documentation supporting those reasons. The Department shall review |
| |
14|all school district penalty protest documentation and notify each |
| |
15|district by March 15 of its finding and the final penalty to be |
| |
16|assessed to each district. General fund balance penalties shall be |
| |
17|assessed to all school districts by April 1. |
| |
18| 3. Any school district which receives proceeds from a tax |
| |
19|settlement or a Federal Emergency Management Agency settlement |
| |
20|during the last two (2) months of the preceding fiscal year shall be |
| |
21|exempt from the penalties assessed in this subsection, if the |
| |
22|penalty would occur solely as a result of receiving funds from the |
| |
23|tax settlement. |
| |
24| |
| |
Page 36
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1| 4. Any school district which receives an increase in State Aid |
| |
2|because of a change in Foundation and/or Salary Incentive Aid |
| |
3|factors during the last two (2) months of the preceding fiscal year |
| |
4|shall be exempt from the penalties assessed in this subsection, if |
| |
5|the penalty would occur solely as a result of receiving funds from |
| |
6|the increase in State Aid. |
| |
7| 5. If a school district does not receive Foundation and/or |
| |
8|Salary Incentive Aid during the preceding fiscal year, the State |
| |
9|Board of Education may waive the penalty assessed in this subsection |
| |
10|if the penalty would result in a loss of more than forty percent |
| |
11|(40%) of the remaining State Aid to be allocated to the school |
| |
12|district between April 1 and the remainder of the school year and if |
| |
13|the Board determines the penalty will cause the school district not |
| |
14|to meet remaining financial obligations. |
| |
15| 6. Any school district which receives gross production revenue |
| |
16|apportionment during the 2002-2003 school year or in any subsequent |
| |
17|school year that is greater than the gross production revenue |
| |
18|apportionment of the preceding school year shall be exempt from the |
| |
19|penalty assessed in this subsection, if the penalty would occur |
| |
20|solely as a result of the gross production revenue apportionment, as |
| |
21|determined by the State Board of Education. |
| |
22| 7. Beginning July 1, 2003, school districts that participate in |
| |
23|consolidation or annexation pursuant to the provisions of the |
| |
24|Oklahoma School Voluntary Consolidation and Annexation Act shall be |
| |
Page 37
___________________________________________________________________________
1|exempt from the penalty assessed in this subsection for the school |
| |
2|year in which the consolidation or annexation occurs and for the |
| |
3|next three (3) fiscal years. |
| |
4| 8. Any school district which receives proceeds from a sales tax |
| |
5|levied by a municipality pursuant to Section 22-159 of Title 11 of |
| |
6|the Oklahoma Statutes or proceeds from a sales tax levied by a |
| |
7|county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes |
| |
8|during the 2003-2004 school year or the 2004-2005 school year shall |
| |
9|be exempt from the penalties assessed in this subsection, if the |
| |
10|penalty would occur solely as a result of receiving funds from the |
| |
11|sales tax levy. |
| |
12| 9. Any school district which has an amount of carryover in the |
| |
13|general fund of the district in excess of the limits established in |
| |
14|paragraph 1 of this subsection during the fiscal years beginning |
| |
15|July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall |
| |
16|not be assessed a general fund balance penalty as provided for in |
| |
17|this subsection. |
| |
18| 10. For purposes of calculating the general fund balance |
| |
19|penalty, the terms "carryover" and "general fund balance" shall not |
| |
20|include federal revenue. |
| |
21| H. In order to provide startup funds for the implementation of |
| |
22|early childhood programs, State Aid may be advanced to school |
| |
23|districts that initially start early childhood instruction at a |
| |
24|school site. School districts that desire such advanced funding |
| |
Page 38
___________________________________________________________________________
1|shall make application to the State Department of Education no later |
| |
2|than September 15 of each year and advanced funding shall be awarded |
| |
3|to the approved districts no later than October 30. The advanced |
| |
4|funding shall not exceed the per pupil amount of State Aid as |
| |
5|calculated in subsection D of this section per anticipated Head |
| |
6|Start eligible student. The total amount of advanced funding shall |
| |
7|be proportionately reduced from the monthly payments of the |
| |
8|district's State Aid payments during the last six (6) months of the |
| |
9|same fiscal year. |
| |
10| I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission, |
| |
11|notwithstanding any provision of law to the contrary, shall report |
| |
12|monthly to the State Department of Education the monthly |
| |
13|apportionment of the following information: |
| |
14| a. the assessed valuation of property, |
| |
15| b. motor vehicle collections, |
| |
16| c. R.E.A. tax collected, and |
| |
17| d. gross productions tax collected. |
| |
18| 2. Beginning July 1, 1997, the State Auditor and Inspector's |
| |
19|Office, notwithstanding any provision of law to the contrary, shall |
| |
20|report monthly to the State Department of Education the monthly |
| |
21|apportionment of the proceeds of the county levy. |
| |
22| 3. Beginning July 1, 1996, the Commissioners of the Land |
| |
23|Office, notwithstanding any provision of law to the contrary, shall |
| |
24| |
| |
Page 39
___________________________________________________________________________
1|report monthly to the State Department of Education the monthly |
| |
2|apportionment of state apportionment. |
| |
3| 4. Beginning July 1, 1997, the county treasurers' offices, |
| |
4|notwithstanding any provision of law to the contrary, shall report |
| |
5|monthly to the State Department of Education the ad valorem tax |
| |
6|protest amounts for each county. |
| |
7| 5. The information reported by the Tax Commission, the State |
| |
8|Auditor and Inspector's Office, the county treasurers' offices, and |
| |
9|the Commissioners of the Land Office, pursuant to this subsection |
| |
10|shall be reported by school district on forms developed by the State |
| |
11|Department of Education. |
| |
12| SECTION 8. AMENDATORY 70 O.S. 2021, Section 18-201.1, is |
| |
13|amended to read as follows: |
| |
14| Section 18-201.1. A. Beginning with the 2020-21 school year, |
| |
15|and each school year thereafter, the weighted membership of a school |
| |
16|district for calculation of Foundation Aid purposes pursuant to |
| |
17|paragraph 1 of subsection D of Section 18-200.1 of this title shall |
| |
18|be the sum of the weighted pupil grade level calculation, the |
| |
19|weighted pupil category calculation, the weighted district |
| |
20|calculation, and the weighted teacher experience and degree |
| |
21|calculation. The weighted membership of a school district for |
| |
22|calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
| |
23|of subsection D of Section 18-200.1 of this title shall be the sum |
| |
24|of the weighted pupil grade level calculation, the weighted pupil |
| |
Page 40
___________________________________________________________________________
1|category calculation, the weighted district calculation, and the |
| |
2|weighted teacher experience and degree calculation. |
| |
3| B. Beginning with the 2022-2023 school year, the weighted |
| |
4|calculations provided for in subsection A of this section shall be |
| |
5|based on the higher weighted average daily membership of the first |
| |
6|nine (9) weeks of the current school year or the preceding school |
| |
7|year of a school district, unless otherwise specified. The higher |
| |
8|of the two (2) weighted average daily memberships shall be used |
| |
9|consistently in all of the calculations; however, the weighted |
| |
10|calculation for a statewide virtual charter school experiencing a |
| |
11|significant decline in membership shall be based on the first nine |
| |
12|(9) weeks of the current school year for the statewide virtual |
| |
13|charter school. For purposes of this subsection, "significant |
| |
14|decline in membership" means equal to or greater than a fifteen |
| |
15|percent (15%) decrease in average daily membership from the |
| |
16|preceding school year to the average daily membership of the first |
| |
17|nine (9) weeks of the current school year. The average daily |
| |
18|membership data used for all calculations in paragraphs 1, 2, 3, and |
| |
19|4 of this subsection shall be the same as used in the calculation of |
| |
20|the State Aid Formula. The weighted calculations provided for in |
| |
21|subsection A of this section shall be determined as follows: |
| |
22| 1. The weighted pupil grade level calculation shall be |
| |
23|determined by taking the highest average daily membership and |
| |
24| |
| |
Page 41
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1|assigning weights to the pupils according to grade attended as |
| |
2|follows: |
| |
3| GRADE LEVEL WEIGHT |
| |
4| a. Half-day early childhood programs .7 |
| |
5| b. Full-day early childhood programs 1.3 |
| |
6| c. Half-day kindergarten 1.3 |
| |
7| d. Full-day kindergarten 1.5 |
| |
8| e. First and second grade 1.351 |
| |
9| f. Third grade 1.051 |
| |
10| g. Fourth through sixth grade 1.0 |
| |
11| h. Seventh through twelfth grade 1.2 |
| |
12| i. Out-of-home placement 1.50 |
| |
13| Multiply the membership of each subparagraph of this paragraph |
| |
14|by the weight assigned to such subparagraph of this paragraph and |
| |
15|add the totals together to determine the weighted pupil grade level |
| |
16|calculation for a school district. Determination of the pupils |
| |
17|eligible for the early childhood program weight shall be pursuant to |
| |
18|the provisions of Section 1-114 of this title. The pupils eligible |
| |
19|for the out-of-home placement pupil weight shall be students who are |
| |
20|not residents of the school district in which they are receiving |
| |
21|education pursuant to the provisions of subsection D of Section |
| |
22|1-113 of this title. Such weight may be claimed by the district |
| |
23|providing educational services to such student for the days that |
| |
24|student is enrolled in that district. If claimed, the out-of-home |
| |
Page 42
___________________________________________________________________________
1|placement weight shall be in lieu of the pupil grade level and any |
| |
2|pupil category weights for that student. Provided, if a student |
| |
3|resides in a juvenile detention center that is restricted to less |
| |
4|than twelve (12) beds, the out-of-home placement pupil weight for |
| |
5|such students shall be calculated as follows: for a center with six |
| |
6|(6) beds - 3.0; for a center with eight (8) beds - 2.3; and for a |
| |
7|center with ten (10) beds - 1.80. |
| |
8| 2. The weighted pupil category calculation shall be determined |
| |
9|by assigning a weight to the pupil category as follows: |
| |
10| CATEGORY WEIGHT |
| |
11| a. Visual Impairment 3.8 |
| |
12| b. Specific Learning Disability .4 |
| |
13| c. Deafness or Hearing Impairment 2.9 |
| |
14| d. Deaf-Blindness 3.8 |
| |
15| e. Intellectual Disability 1.3 |
| |
16| f. Emotional Disturbance 2.5 |
| |
17| g. Gifted .34 |
| |
18| h. Multiple Disabilities 2.4 |
| |
19| i. Orthopedic Impairment 1.2 |
| |
20| j. Speech or Language Impairment .05 |
| |
21| k. Bilingual .25 |
| |
22| l. Special Education Summer Program 1.2 |
| |
23| m. Economically Disadvantaged .25 .3 |
| |
24| |
| |
Page 43
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1| n. Optional Extended School Year |
| |
2| Program As determined by |
| |
3| the State Board |
| |
4| of Education |
| |
5| o. Autism 2.4 |
| |
6| p. Traumatic Brain Injury 2.4 |
| |
7| q. Other Health Impairment 1.2 |
| |
8| Except as otherwise provided, multiply the number of pupils |
| |
9|approved in the school year with the highest average daily |
| |
10|membership in each category by the weight assigned to such category |
| |
11|and add the totals together to determine the weighted pupil category |
| |
12|calculation for a school district. For the 1997-98 school year and |
| |
13|subsequent school years, the number to be multiplied by the weight |
| |
14|assigned to the gifted category in subparagraph g of this paragraph |
| |
15|shall be the lesser of (1) the sum of the number of students who |
| |
16|scored in the top three percent (3%) on any national standardized |
| |
17|test of intellectual ability plus the number of students identified |
| |
18|as gifted pursuant to subparagraphs a through d of paragraph 1 of |
| |
19|Section 1210.301 of this title, or (2) the sum of the number of |
| |
20|students who scored in the top three percent (3%) on any national |
| |
21|standardized test of intellectual ability plus eight percent (8%) of |
| |
22|the total average daily membership of the school district for the |
| |
23|first nine (9) weeks of the school year. |
| |
24| |
| |
Page 44
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1| 3. The weighted district calculation shall be determined by |
| |
2|determining the calculations for each school district for both the |
| |
3|small school district formula and the district sparsity - isolation |
| |
4|formula, applying whichever is the greater of the calculations of |
| |
5|the two formulas and then applying the restrictions pursuant to |
| |
6|subparagraph c of this paragraph. |
| |
7| a. Small school district formula: 529 minus the average |
| |
8| daily membership divided by 529 times .2 times total |
| |
9| average daily membership. |
| |
10| The small school district formula calculation shall apply |
| |
11| only to school districts whose highest average daily |
| |
12| membership is less than 529 pupils. School districts which |
| |
13| are consolidated or annexed after July 1, 2003, pursuant to |
| |
14| the Oklahoma School Voluntary Consolidation and Annexation |
| |
15| Act shall have the weighted district size calculation for |
| |
16| the three (3) school years following the fiscal year in |
| |
17| which such consolidation occurred calculated to be the sum |
| |
18| of the individual consolidated districts computed as if the |
| |
19| consolidation had not taken place. Thereafter, any such |
| |
20| district which is consolidated pursuant to the Oklahoma |
| |
21| School Voluntary Consolidation and Annexation Act shall not |
| |
22| qualify for the weighted district calculation unless the |
| |
23| district can satisfy the specifications herein. Subject to |
| |
24| the provisions of subparagraph c of this paragraph, the |
| |
Page 45
___________________________________________________________________________
1| resulting number shall be counted as additional students |
| |
2| for the purpose of calculating State Aid. |
| |
3| b. District sparsity - isolation formula: |
| |
4| The district sparsity - isolation formula calculation shall |
| |
5| apply only to school districts: |
| |
6| (1) whose total area in square miles is greater than |
| |
7| the average number of square miles for all school |
| |
8| districts in this state; and |
| |
9| (2) whose areal density is less than one-fourth (1/4) |
| |
10| of the state average areal density. Areal |
| |
11| density shall be determined by dividing the |
| |
12| school district's average daily membership by the |
| |
13| school district's total area in square miles. |
| |
14| The district sparsity - isolation formula calculation shall |
| |
15| be calculated as follows: |
| |
16| The school district student cost factor multiplied by |
| |
17| the school district area factor. The resulting |
| |
18| product shall be multiplied by the school district's |
| |
19| average daily membership. Subject to the provisions |
| |
20| of subparagraph c of this paragraph, the resulting |
| |
21| number shall be counted as additional students for the |
| |
22| purpose of calculating State Aid. |
| |
23| The school district student cost factor shall be calculated |
| |
24| as follows: |
| |
Page 46
___________________________________________________________________________
1| The school district's average daily membership shall |
| |
2| be categorized into the following grade level groups |
| |
3| and applied to the appropriate formulas as computed |
| |
4| below: |
| |
5| Grade Level Group |
| |
6| Grades K-5 Divide 74 by the sum of the Grade |
| |
7| Level ADM plus 23, |
| |
8| add .85 to the quotient, then |
| |
9| multiply the sum by the Grade |
| |
10| Level ADM. |
| |
11| Grades 6-8 Divide 122 by the sum of the Grade |
| |
12| Level ADM plus 133, |
| |
13| add .85 to the quotient, then |
| |
14| multiply the sum by the Grade |
| |
15| Level ADM. |
| |
16| Grades 9-12 Divide 292 by the sum of the Grade |
| |
17| Level ADM plus 128, |
| |
18| add .78 to the quotient, then |
| |
19| multiply the sum by the Grade |
| |
20| Level ADM. |
| |
21| The sum of the grade level group's average daily |
| |
22| membership shall be divided by the school district's |
| |
23| average daily membership. The number one (1.0) shall |
| |
24| be subtracted from the resulting quotient. |
| |
Page 47
___________________________________________________________________________
1| The school district area cost factor shall be calculated as |
| |
2| follows: |
| |
3| Subtract the state average district area from the |
| |
4| district area, then divide the remainder by the state |
| |
5| average district area; |
| |
6| however, the district area cost factor shall not exceed one |
| |
7| (1.0). |
| |
8| The State Board of Education shall define geographical barriers |
| |
9|whose location in a school district would inhibit the district from |
| |
10|consolidation or annexation. The Board shall make available an |
| |
11|application process, review applications, and for districts the |
| |
12|Board deems necessary allow additional square miles to be used for |
| |
13|the purposes of calculations used for the weighted district sparsity |
| |
14|- isolation formula. Provided, that the additional square miles |
| |
15|allowed for geographical barriers shall not exceed thirty percent |
| |
16|(30%) of the district's actual size. |
| |
17| c. State Aid funds which a district is calculated to |
| |
18| receive as a result of the weighted district |
| |
19| calculation shall be restricted as follows: |
| |
20| If, after the weighted district calculation is |
| |
21| applied, the district's projected per pupil |
| |
22| revenue exceeds one hundred fifty percent (150%) |
| |
23| of the projected state average per pupil revenue, |
| |
24| then the district's State Aid shall be reduced by |
| |
Page 48
___________________________________________________________________________
1| an amount that will restrict the district's |
| |
2| projected per pupil revenue to one hundred fifty |
| |
3| percent (150%) of the projected state average per |
| |
4| pupil revenue. Provided, in applying the |
| |
5| restriction provided in this division, the |
| |
6| district's State Aid shall not be reduced by an |
| |
7| amount greater than by the amount of State Aid |
| |
8| which was generated by the weighted district |
| |
9| calculation. |
| |
10| The July calculation of the projected per pupil |
| |
11| revenue shall be determined by dividing the district's |
| |
12| preceding year's average daily membership (ADM) as |
| |
13| weighted by the pupil grade level, the pupil category, |
| |
14| the district and the teacher experience degree index |
| |
15| calculations for projected State Aid into the |
| |
16| district's projected total revenues including |
| |
17| projected funds for the State Aid Formula for the |
| |
18| preceding year, net assessed valuation for the |
| |
19| preceding calendar year times thirty-nine (39) mills, |
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20| county revenues excluding the county four-mills |
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21| revenues for the second preceding year, other state |
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22| appropriations for the preceding year, and the |
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23| collections for the preceding year of state |
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24| |
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1| apportionment, motor vehicle revenue, gross production |
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2| tax, and R.E.A. tax. |
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3| The December calculation of the projected per pupil |
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4| revenue shall be determined by dividing the higher of |
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5| the district's first nine (9) weeks of the current |
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6| school year or the preceding school year's average |
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7| daily membership (ADM) as weighted by the pupil grade |
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8| level, the pupil category, the district and the |
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9| teacher experience degree index calculations for |
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10| projected State Aid into the district's projected |
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11| total revenues including funds for the December |
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12| calculation of the current year State Aid Formula, net |
| |
13| assessed valuation for the current calendar year times |
| |
14| thirty-nine (39) mills, county revenues excluding the |
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15| county four-mills revenue for the preceding year, |
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16| other state appropriations for the preceding year, and |
| |
17| the collections for the preceding year of state |
| |
18| apportionment, motor vehicle revenue, gross production |
| |
19| tax, and R.E.A. tax. |
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20| The district's projected total revenues for each |
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21| calculation shall exclude the following collections |
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22| for the second preceding year: federal revenue, |
| |
23| insurance loss payments, reimbursements, recovery of |
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24| overpayments and refunds, unused reserves, prior |
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1| expenditures recovered, prior year surpluses, and |
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2| other local miscellaneous revenues. |
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3| 4. The weighted teacher experience and degree calculation shall |
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4|be determined in accordance with the teacher experience and degree |
| |
5|index. The State Department of Education shall determine an index |
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6|for each state teacher by using data supplied in the school |
| |
7|district's teacher personnel reports of the preceding year and |
| |
8|utilizing the index as follows: |
| |
9| TEACHER EXPERIENCE - DEGREE INDEX |
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10|EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
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11| DEGREE DEGREE DEGREE |
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12|0 - 2 .7 .9 1.1 |
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13|3 - 5 .8 1.0 1.2 |
| |
14|6 - 8 .9 1.1 1.3 |
| |
15|9 - 11 1.0 1.2 1.4 |
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16|12 - 15 1.1 1.3 1.5 |
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17|Over 15 1.2 1.4 1.6 |
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18| The school district teacher index for each school district shall |
| |
19|be determined by subtracting the weighted average state teacher from |
| |
20|the weighted average district teacher. Multiply the school district |
| |
21|teacher index if greater than zero by .7 and then multiply that |
| |
22|product by the sum of the district's weighted pupil grade level |
| |
23|calculation provided in paragraph 1 of this subsection and the |
| |
24|weighted pupil category calculation provided in subparagraph m of |
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1|paragraph 2 of this subsection to determine the weighted teacher |
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2|experience and degree calculation. |
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3| SECTION 9. This act shall become effective July 1, 2023. |
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4| SECTION 10. It being immediately necessary for the preservation |
| |
5|of the public peace, health, or safety, an emergency is hereby |
| |
6|declared to exist, by reason whereof this act shall take effect and |
| |
7|be in full force from and after its passage and approval." |
| |
8| Passed the Senate the 27th day of April, 2023. |
| |
9| |
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10| |
| Presiding Officer of the Senate |
11| |
| |
12| Passed the House of Representatives the ____ day of __________, |
| |
13|2023. |
| |
14| |
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15| |
| Presiding Officer of the House |
16| of Representatives |
| |
17| |
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18| |
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19| |
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20| |
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21| |
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22| |
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23| |
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24| |
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