1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2677 By: Baker |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Sections 18-109.5 and 18-201.1, which relate to State |
8| Aid; eliminating term; adding definition for English |
| language learner; requiring certain annual assessment |
9| to confirm student meets definition; modifying |
| weighted pupil category for calculating State Aid; |
10| providing an effective date; and declaring an |
| emergency. |
11| |
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12| |
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13| |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-109.5, is |
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16|amended to read as follows: |
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17| Section 18-109.5 A. As used in Section 18-201.1 of this title: |
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18| 1. "Visual impairment" means an impairment in vision that, even |
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19|with correction, adversely affects a child's educational |
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20|performance. This includes both partial sight and blindness; |
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21| 2. "Specific learning disability" means a disorder in one or |
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22|more of the basic psychological processes involved in understanding |
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23|or in using language, spoken or written, that may manifest itself in |
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24|the imperfect ability to listen, think, speak, read, write, spell or |
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Req. No. 6019 Page 1
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1|to do mathematical calculations, including conditions such as |
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2|perceptual disabilities, brain injury, minimal brain dysfunction, |
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3|dyslexia and developmental aphasia. The term does not include |
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4|learning problems that are primarily the result of visual, hearing |
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5|or motor disabilities, of intellectual disability, of emotional |
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6|disturbance or of environmental, cultural or economic disadvantage; |
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7| 3. "Deafness" means a hearing impairment that is so severe that |
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8|the child is impaired in processing linguistic information through |
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9|hearing, with or without amplification, that adversely affects a |
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10|child's educational performance; |
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11| 4. "Economically disadvantaged" means all children who qualify |
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12|for free or reduced lunches; |
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13| 5. "Intellectual disability" means significantly subaverage |
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14|general intellectual functioning, existing concurrently with |
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15|deficits in adaptive behavior and manifested during the development |
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16|period, that adversely affects a child's educational performance; |
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17| 6. "Emotional disturbance" means a condition exhibiting one or |
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18|more of the following characteristics over a long period of time and |
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19|to a marked degree that adversely affects a child's educational |
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20|performance: |
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21| a. an inability to learn which cannot be explained by |
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22| intellectual, sensory or health factors, |
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23| b. an inability to build or maintain satisfactory |
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24| interpersonal relationships with peers and teachers, |
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1| c. inappropriate types of behavior or feelings under |
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2| normal circumstances, |
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3| d. a general pervasive mood of unhappiness or depression, |
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4| or |
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5| e. a tendency to develop physical symptoms or fears |
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6| associated with personal or school problems. |
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7|The term includes children who are schizophrenic. The term does not |
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8|include children who are socially maladjusted, unless it is |
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9|determined that they are seriously emotionally disturbed; |
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10| 7. "Gifted" means identified students as outlined in Section |
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11|1210.301 of this title; |
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12| 8. "Hearing impairment" means an impairment in hearing, whether |
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13|permanent or fluctuating, that adversely affects a child's |
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14|educational performance but that is not included under the |
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15|definition of "deafness"; |
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16| 9. "Multiple disabilities" means concomitant impairments, such |
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17|as intellectual disability blindness or intellectual disability |
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18|orthopedic impairment, the combination of which causes such severe |
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19|educational needs that they cannot be accommodated in special |
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20|education programs solely for one of the impairments. The term does |
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21|not include deaf-blindness; |
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22| 10. "Orthopedic impairment" means a severe orthopedic |
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23|impairment that adversely affects a child's educational performance. |
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24| The term includes impairments caused by a congenital anomaly, |
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1|impairments caused by disease such as poliomyelitis and bone |
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2|tuberculosis, and impairments from other causes such as cerebral |
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3|palsy, amputations and fractures or burns that cause contractures; |
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4| 11. "Other health impairment" means having limited strength, |
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5|vitality or alertness, including a heightened alertness to |
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6|environmental stimuli, that results in limited alertness with |
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7|respect to the educational environment that adversely affects a |
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8|child's educational performance and is due to chronic or acute |
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9|health problems such as asthma, attention deficit disorder or |
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10|attention deficit hyperactivity disorder, diabetes, epilepsy, a |
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11|heart condition, hemophilia, lead poisoning, leukemia, nephritis, |
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12|rheumatic fever, sickle cell anemia and Tourette syndrome; |
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13| 12. "Speech or language impairment" means a communication |
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14|disorder, such as stuttering, impaired articulation, a language |
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15|impairment, or a voice impairment, that adversely affects a child's |
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16|educational performance; |
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17| 13. "Deaf-blindness" means concomitant hearing and visual |
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18|impairments, the combination of which causes such severe |
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19|communication and other developmental and educational problems that |
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20|they cannot be accommodated in special education programs solely for |
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21|children with deafness or children with blindness; |
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22| 14. "Autism" means a developmental disability significantly |
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23|affecting verbal and nonverbal communication and social interaction, |
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24|generally evident before age three (3), that adversely affects a |
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1|child's educational performance. Other characteristics often |
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2|associated with autism are engagement in repetitive activities and |
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3|stereotyped movements, resistance to environmental change or change |
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4|in daily routines, and unusual responses to sensory experiences. |
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5|Autism does not apply if a child's educational performance is |
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6|adversely affected primarily because the child has an emotional |
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7|disturbance, as defined in this subsection; |
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8| 15. "Traumatic brain injury" means an acquired injury to the |
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9|brain caused by an external physical force, resulting in total or |
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10|partial functional disability or psychosocial impairment, or both, |
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11|that adversely affects a child's educational performance. Traumatic |
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12|brain injury applies to open or closed head injuries resulting in |
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13|impairments in one or more areas such as cognition; language; |
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14|memory; attention; reasoning; abstract thinking; judgment; |
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15|problem-solving; sensory, perceptual, and motor abilities; |
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16|psychosocial behavior; physical functions; information processing; |
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17|and speech. Traumatic brain injury does not apply to brain injuries |
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18|that are congenital or degenerative or to brain injuries induced by |
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19|birth trauma; |
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20| 16. "Bilingual English language learner" means those students: |
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21| a. who have limited English speaking abilities or who |
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22| come from homes where English is not the dominant |
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23| language as reported on the current year application |
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24| for accreditation: |
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1| (1) were not born in the United States or whose |
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2| native language is a language other than English, |
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3| (2) are Native American or Alaska Natives, or a |
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4| native resident of the outlying areas, and who |
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5| come from an environment where a language other |
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6| than English has had a significant impact on the |
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7| student's level of English language proficiency, |
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8| or |
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9| (3) are migratory, whose native language is a |
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10| language other than English, and who come from an |
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11| environment where a language other than English |
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12| is dominant, and |
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13| b. whose difficulties in speaking, reading, writing, or |
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14| understanding the English language may be sufficient |
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15| to deny the student: |
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16| (1) the ability to meet the state's proficient level |
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17| of achievement on state assessments, |
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18| (2) the ability to successfully achieve in |
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19| classrooms where the language of instruction is |
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20| English, or |
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21| (3) the opportunity to participate fully in society. |
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22| |
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23|Any school district receiving funds for a student who is categorized |
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24|as an English language learner shall reevaluate the student annually |
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1|using assessments required by federal law to confirm the student |
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2|continues to meet the definition of English language learner as |
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3|provided in this paragraph; |
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4| 17. "Special Education Summer Program" means those summer |
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5|school programs which school districts may provide for children who |
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6|are severely or profoundly multiple-handicapped if their |
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7|individualized education program states the need for a continuing |
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8|educational experience to prevent loss of educational achievement or |
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9|basic life skills. Any school district receiving funds for such |
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10|special education summer programs shall provide services as provided |
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11|in Section 13-101 of this title; and |
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12| 18. "Optional Extended School Year Program" means the program |
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13|defined in Section 1-109.1 of this title. |
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14| B. The State Board of Education is hereby authorized to modify |
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15|and redefine by rule the definitions set out in this section |
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16|whenever such modification is required to receive federal assistance |
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17|therefor. |
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18| SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-201.1, is |
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19|amended to read as follows: |
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20| Section 18-201.1 A. Beginning with the 2020-21 school year, |
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21|and each school year thereafter, the weighted membership of a school |
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22|district for calculation of Foundation Aid purposes pursuant to |
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23|paragraph 1 of subsection D of Section 18-200.1 of this title shall |
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24|be the sum of the weighted pupil grade level calculation, the |
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1|weighted pupil category calculation, the weighted district |
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2|calculation and the weighted teacher experience and degree |
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3|calculation. The weighted membership of a school district for |
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4|calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
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5|of subsection D of Section 18-200.1 of this title shall be the sum |
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6|of the weighted pupil grade level calculation, the weighted pupil |
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7|category calculation, the weighted district calculation and the |
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8|weighted teacher experience and degree calculation. |
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9| B. Beginning with the 2022-2023 school year, the weighted |
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10|calculations provided for in subsection A of this section shall be |
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11|based on the higher weighted average daily membership of the first |
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12|nine (9) weeks of the current school year or the preceding school |
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13|year of a school district, unless otherwise specified. The higher |
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14|of the two (2) weighted average daily memberships shall be used |
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15|consistently in all of the calculations; however, the weighted |
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16|calculation for a statewide virtual charter school experiencing a |
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17|significant decline in membership shall be based on the first nine |
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18|(9) weeks of the current school year for the statewide virtual |
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19|charter school. For purposes of this subsection, "significant |
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20|decline in membership" means equal to or greater than a fifteen |
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21|percent (15%) decrease in average daily membership from the |
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22|preceding school year to the average daily membership of the first |
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23|nine (9) weeks of the current school year. The average daily |
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24|membership data used for all calculations in paragraphs 1, 2, 3 and |
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1|4 of this subsection shall be the same as used in the calculation of |
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2|the State Aid Formula. The weighted calculations provided for in |
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3|subsection A of this section shall be determined as follows: |
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4| 1. The weighted pupil grade level calculation shall be |
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5|determined by taking the highest average daily membership and |
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6|assigning weights to the pupils according to grade attended as |
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7|follows: |
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8| GRADE LEVEL WEIGHT |
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9| a. Half-day early childhood programs .7 |
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10| b. Full-day early childhood programs 1.3 |
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11| c. Half-day kindergarten 1.3 |
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12| d. Full-day kindergarten 1.5 |
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13| e. First and second grade 1.351 |
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14| f. Third grade 1.051 |
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15| g. Fourth through sixth grade 1.0 |
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16| h. Seventh through twelfth grade 1.2 |
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17| i. Out-of-home placement 1.50 |
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18|Multiply the membership of each subparagraph of this paragraph by |
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19|the weight assigned to such subparagraph of this paragraph and add |
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20|the totals together to determine the weighted pupil grade level |
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21|calculation for a school district. Determination of the pupils |
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22|eligible for the early childhood program weight shall be pursuant to |
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23|the provisions of Section 1-114 of this title. The pupils eligible |
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24|for the out-of-home placement pupil weight shall be students who are |
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1|not residents of the school district in which they are receiving |
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2|education pursuant to the provisions of subsection D of Section |
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3|1-113 of this title. Such weight may be claimed by the district |
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4|providing educational services to such student for the days that |
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5|student is enrolled in that district. If claimed, the out-of-home |
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6|placement weight shall be in lieu of the pupil grade level and any |
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7|pupil category weights for that student. Provided, if a student |
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8|resides in a juvenile detention center that is restricted to less |
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9|than twelve (12) beds, the out-of-home placement pupil weight for |
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10|such students shall be calculated as follows: for a center with six |
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11|(6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a |
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12|center with ten (10) beds - 1.80. |
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13| 2. The weighted pupil category calculation shall be determined |
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14|by assigning a weight to the pupil category as follows: |
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15| CATEGORY WEIGHT |
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16| a. Visual Impairment 3.8 |
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17| b. Specific Learning Disability .4 |
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18| c. Deafness or Hearing Impairment 2.9 |
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19| d. Deaf-Blindness 3.8 |
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20| e. Intellectual Disability 1.3 |
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21| f. Emotional Disturbance 2.5 |
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22| g. Gifted .34 |
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23| h. Multiple Disabilities 2.4 |
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24| i. Orthopedic Impairment 1.2 |
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1| j. Speech or Language Impairment .05 |
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2| k. Bilingual English Language Learner .25 .34 |
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3| l. Special Education Summer Program 1.2 |
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4| m. Economically Disadvantaged .25 .34 |
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5| n. Optional Extended School Year |
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6| Program As determined by |
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7| the State Board |
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8| of Education |
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9| o. Autism 2.4 |
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10| p. Traumatic Brain Injury 2.4 |
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11| q. Other Health Impairment 1.2 |
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12|Except as otherwise provided, multiply the number of pupils approved |
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13|in the school year with the highest average daily membership in each |
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14|category by the weight assigned to such category and add the totals |
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15|together to determine the weighted pupil category calculation for a |
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16|school district. For the 1997-98 school year and subsequent school |
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17|years, the number to be multiplied by the weight assigned to the |
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18|gifted category in subparagraph g of this paragraph shall be the |
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19|lesser of (1) the sum of the number of students who scored in the |
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20|top three percent (3%) on any national standardized test of |
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21|intellectual ability plus the number of students identified as |
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22|gifted pursuant to subparagraphs a through d of paragraph 1 of |
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23|Section 1210.301 of this title, or (2) the sum of the number of |
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24|students who scored in the top three percent (3%) on any national |
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1|standardized test of intellectual ability plus eight percent (8%) of |
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2|the total average daily membership of the school district for the |
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3|first nine (9) weeks of the school year. |
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4| 3. The weighted district calculation shall be determined by |
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5|determining the calculations for each school district for both the |
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6|small school district formula and the district sparsity - isolation |
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7|formula, applying whichever is the greater of the calculations of |
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8|the two formulas and then applying the restrictions pursuant to |
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9|subparagraph c of this paragraph. |
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10| a. Small school district formula: 529 minus the average |
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11| daily membership divided by 529 times .2 times total |
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12| average daily membership. |
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13| The small school district formula calculation shall apply |
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14| only to school districts whose highest average daily |
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15| membership is less than 529 pupils. School districts which |
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16| are consolidated or annexed after July 1, 2003, pursuant to |
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17| the Oklahoma School Voluntary Consolidation and Annexation |
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18| Act shall have the weighted district size calculation for |
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19| the three (3) school years following the fiscal year in |
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20| which such consolidation occurred calculated to be the sum |
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21| of the individual consolidated districts computed as if the |
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22| consolidation had not taken place. Thereafter, any such |
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23| district which is consolidated pursuant to the Oklahoma |
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24| School Voluntary Consolidation and Annexation Act shall not |
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1| qualify for the weighted district calculation unless the |
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2| district can satisfy the specifications herein. Subject to |
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3| the provisions of subparagraph c of this paragraph, the |
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4| resulting number shall be counted as additional students |
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5| for the purpose of calculating State Aid. |
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6| b. District sparsity - isolation formula: |
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7| The district sparsity - isolation formula calculation shall |
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8| apply only to school districts: |
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9| (1) whose total area in square miles is greater than |
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10| the average number of square miles for all school |
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11| districts in this state; and |
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12| (2) whose areal density is less than one-fourth (1/4) |
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13| of the state average areal density. Areal |
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14| density shall be determined by dividing the |
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15| school district's average daily membership by the |
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16| school district's total area in square miles. |
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17| The district sparsity - isolation formula calculation shall |
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18| be calculated as follows: |
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19| The school district student cost factor multiplied by |
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20| the school district area factor. The resulting |
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21| product shall be multiplied by the school district's |
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22| average daily membership. Subject to the provisions |
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23| of subparagraph c of this paragraph, the resulting |
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24| |
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1| number shall be counted as additional students for the |
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2| purpose of calculating State Aid. |
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3| The school district student cost factor shall be calculated |
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4| as follows: |
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5| The school district's average daily membership shall |
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6| be categorized into the following grade level groups |
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7| and applied to the appropriate formulas as computed |
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8| below: |
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9| Grade Level Group |
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10| Grades K-5 Divide 74 by the sum of the Grade |
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11| Level ADM plus 23, |
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12| add .85 to the quotient, then |
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13| multiply the sum by the Grade |
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14| Level ADM. |
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15| Grades 6-8 Divide 122 by the sum of the Grade |
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16| Level ADM plus 133, |
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17| add .85 to the quotient, then |
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18| multiply the sum by the Grade |
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19| Level ADM. |
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20| Grades 9-12 Divide 292 by the sum of the Grade |
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21| Level ADM plus 128, |
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22| add .78 to the quotient, then |
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23| multiply the sum by the Grade |
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24| Level ADM. |
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1| The sum of the grade level group's average daily |
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2| membership shall be divided by the school district's |
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3| average daily membership. The number one (1.0) shall |
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4| be subtracted from the resulting quotient. |
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5| The school district area cost factor shall be calculated as |
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6| follows: |
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7| Subtract the state average district area from the |
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8| district area, then divide the remainder by the state |
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9| average district area; |
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10| however, the district area cost factor shall not exceed one |
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11| (1.0). |
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12| The State Board of Education shall define geographical barriers |
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13|whose location in a school district would inhibit the district from |
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14|consolidation or annexation. The Board shall make available an |
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15|application process, review applications, and for districts the |
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16|Board deems necessary allow additional square miles to be used for |
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17|the purposes of calculations used for the weighted district sparsity |
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18|- isolation formula. Provided, that the additional square miles |
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19|allowed for geographical barriers shall not exceed thirty percent |
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20|(30%) of the district's actual size. |
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21| c. State Aid funds which a district is calculated to |
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22| receive as a result of the weighted district |
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23| calculation shall be restricted as follows: |
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24| |
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1| If, after the weighted district calculation is |
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2| applied, the district's projected per pupil |
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3| revenue exceeds one hundred fifty percent (150%) |
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4| of the projected state average per pupil revenue, |
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5| then the district's State Aid shall be reduced by |
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6| an amount that will restrict the district's |
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7| projected per pupil revenue to one hundred fifty |
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8| percent (150%) of the projected state average per |
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9| pupil revenue. Provided, in applying the |
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10| restriction provided in this division, the |
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11| district's State Aid shall not be reduced by an |
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12| amount greater than by the amount of State Aid |
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13| which was generated by the weighted district |
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14| calculation. |
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15| The July calculation of the projected per pupil |
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16| revenue shall be determined by dividing the district's |
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17| preceding year's average daily membership (ADM) as |
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18| weighted by the pupil grade level, the pupil category, |
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19| the district and the teacher experience degree index |
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20| calculations for projected State Aid into the |
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21| district's projected total revenues including |
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22| projected funds for the State Aid Formula for the |
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23| preceding year, net assessed valuation for the |
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24| preceding calendar year times thirty-nine (39) mills, |
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Req. No. 6019 Page 16
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1| county revenues excluding the county four-mills |
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2| revenues for the second preceding year, other state |
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3| appropriations for the preceding year and the |
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4| collections for the preceding year of state |
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5| apportionment, motor vehicle revenue, gross production |
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6| tax and R.E.A. tax. |
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7| The December calculation of the projected per pupil |
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8| revenue shall be determined by dividing the higher of |
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9| the district's first nine (9) weeks of the current |
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10| school year or the preceding school year's average |
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11| daily membership (ADM) as weighted by the pupil grade |
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12| level, the pupil category, the district and the |
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13| teacher experience degree index calculations for |
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14| projected State Aid into the district's projected |
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15| total revenues including funds for the December |
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16| calculation of the current year State Aid Formula, net |
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17| assessed valuation for the current calendar year times |
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18| thirty-nine (39) mills, county revenues excluding the |
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19| county four-mills revenue for the preceding year, |
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20| other state appropriations for the preceding year and |
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21| the collections for the preceding year of state |
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22| apportionment, motor vehicle revenue, gross production |
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23| tax and R.E.A. tax. |
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24| |
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1| The district's projected total revenues for each |
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2| calculation shall exclude the following collections |
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3| for the second preceding year: federal revenue, |
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4| insurance loss payments, reimbursements, recovery of |
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5| overpayments and refunds, unused reserves, prior |
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6| expenditures recovered, prior year surpluses, and |
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7| other local miscellaneous revenues. |
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8| 4. The weighted teacher experience and degree calculation shall |
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9|be determined in accordance with the teacher experience and degree |
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10|index. The State Department of Education shall determine an index |
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11|for each state teacher by using data supplied in the school |
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12|district's teacher personnel reports of the preceding year and |
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13|utilizing the index as follows: |
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14| TEACHER EXPERIENCE - DEGREE INDEX |
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15|EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
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16| DEGREE DEGREE DEGREE |
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17|0 - 2 .7 .9 1.1 |
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18|3 - 5 .8 1.0 1.2 |
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19|6 - 8 .9 1.1 1.3 |
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20|9 - 11 1.0 1.2 1.4 |
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21|12 - 15 1.1 1.3 1.5 |
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22|Over 15 1.2 1.4 1.6 |
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23| The school district teacher index for each school district shall |
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24|be determined by subtracting the weighted average state teacher from |
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Req. No. 6019 Page 18
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1|the weighted average district teacher. Multiply the school district |
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2|teacher index if greater than zero by .7 and then multiply that |
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3|product by the sum of the district's weighted pupil grade level |
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4|calculation provided in paragraph 1 of this subsection and the |
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5|weighted pupil category calculation provided in subparagraph m of |
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6|paragraph 2 of this subsection to determine the weighted teacher |
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7|experience and degree calculation. |
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8| SECTION 3. This act shall become effective July 1, 2023. |
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9| SECTION 4. It being immediately necessary for the preservation |
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10|of the public peace, health or safety, an emergency is hereby |
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11|declared to exist, by reason whereof this act shall take effect and |
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12|be in full force from and after its passage and approval. |
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13| |
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14| 59-1-6019 EK 01/09/23 |
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15| |
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18| |
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Req. No. 6019 Page 19
