Bill Text For HB2891 - Proposed Committee Substitute(1)

 1|                         COMMITTEE AMENDMENT                           |
  |                      HOUSE OF REPRESENTATIVES                         |
 2|                          State of Oklahoma                            |
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 3|     SPEAKER:                                                          |
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 4|     CHAIR:                                                            |
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 5|I move to amend  HB2891                                                |
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 6|printed Bill                                                           |
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 8|Engrossed Bill                                                         |
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 9|By striking the Title, the Enacting Clause, the entire bill, and by    |
  |inserting in lieu thereof the following language:                      |
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19|                          STATE OF OKLAHOMA                            |
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20|             1st Session of the 58th Legislature (2021)                |
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21|PROPOSED COMMITTEE                                                     |
  |SUBSTITUTE                                                             |
22|FOR                                                                    |
  |HOUSE BILL NO. 2891                  By: Wallace and Hilbert of the    |
23|                                                               House   |
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24|                                         and                           |
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   Req. No. 8314                                                   Page 1
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 1|                                         Thompson and Hall of the      |
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 4|                    PROPOSED COMMITTEE SUBSTITUTE                      |
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 5|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Sections 18-113.1 and 18-113.2, which relate to class           |
 6|       size limitations; specifying grade applicability for            |
  |       penalty exception; removing kindergarten penalty                |
 7|       exception for certain school districts; and providing           |
  |       an effective date.                                              |
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10|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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11|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 18-113.1, is   |
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12|amended to read as follows:                                            |
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13|    Section 18-113.1  A.  The provisions of this subsection shall      |
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14|apply only to grades one through three.                                |
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15|    1.  Except as otherwise provided for in this section, no child     |
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16|shall be included in the average daily membership of a school          |
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17|district for the purpose of computing and paying state-appropriated    |
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18|funds if that child is regularly assigned to a teacher or to a class   |
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19|that includes more than twenty (20) students.                          |
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20|    2.  If a class or classes in a grade exceed the class size         |
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21|limitation provided for in this subsection, the class size             |
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22|limitation and penalty shall not apply if:                             |
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23|         a.   the creation of an additional class would cause a        |
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24|              class to have fewer than ten (10) students;, and         |
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   Req. No. 8314                                                   Page 2
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 1|         b.   a teacher's assistant, as defined in Section 6-127 of    |
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 2|              this title, is employed to serve with each teacher in    |
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 3|              a class that exceeds the class size limitation           |
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 4|              provided for in this subsection.                         |
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 5|    3.  No school district shall be penalized for exceeding class      |
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 6|size limitations set forth in this subsection if the limitations are   |
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 7|exceeded beginning after the first nine (9) weeks of the school        |
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 8|year.                                                                  |
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 9|    Any school district found to be in violation of the provisions     |
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10|of this subsection shall receive a penalty in the State Aid formula    |
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11|as a reduction to State Aid to be determined as follows:               |
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12|         a.   multiply each pupil in excess of the class size          |
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13|              membership limit as provided in this subsection by the   |
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14|              grade level weight and by the Base Foundation Support    |
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15|              Level for the current school year, and                   |
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16|         b.   multiply each pupil in excess of the class size          |
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17|              membership limit as provided in this subsection by the   |
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18|              grade level weight and by the Incentive Aid guarantee    |
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19|              for the current school year times twenty (20), and       |
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20|         c.   sum the products of subparagraphs a and b of this        |
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21|              paragraph.                                               |
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22|    B.  The provisions of this subsection shall apply only to grades   |
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23|four through six.                                                      |
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   Req. No. 8314                                                   Page 3
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 1|    1.  Except as otherwise provided for in this section, no child     |
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 2|shall be included in the average daily membership of a school          |
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 3|district for the purpose of computing and paying state-appropriated    |
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 4|funds if that child is regularly assigned to a teacher or to a class   |
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 5|that includes more than twenty (20) students.                          |
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 6|    2.  If a class or classes in a grade exceed the class size         |
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 7|limitation provided for in this subsection, the class size             |
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 8|limitation and penalty shall not apply if the creation of an           |
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 9|additional class would cause a class to have fewer than sixteen (16)   |
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10|students.                                                              |
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11|    3.  No school district shall be penalized for exceeding class      |
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12|size limitations set forth in this subsection if the limitations are   |
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13|exceeded beginning after the first nine (9) weeks of the school        |
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14|year.                                                                  |
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15|    4.  Any school district found to be in violation of the            |
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16|provisions of this subsection shall receive a penalty in the State     |
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17|Aid formula as a reduction to State Aid to be determined as follows:   |
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18|         a.   multiply each pupil in excess of the class size          |
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19|              membership limit as provided in this subsection by the   |
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20|              grade level weight and by the Base Foundation Support    |
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21|              Level for the current school year, and                   |
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22|         b.   multiply each pupil in excess of the class size          |
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23|              membership limit as provided in this subsection by the   |
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   Req. No. 8314                                                   Page 4
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 1|              grade level weight and by the Incentive Aid guarantee    |
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 2|              for the current school year times twenty (20), and       |
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 3|         c.   sum the products of subparagraphs a and b of this        |
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 4|              paragraph.                                               |
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 5|    C.  Classes in the following subjects shall not be subject to      |
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 6|the class size limitations provided for in subsections A and B of      |
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 7|this section:                                                          |
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 8|    1.  Physical education; and                                        |
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 9|    2.  Chorus, band, orchestra and similar music classes.             |
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10|    D.  If a school district groups its grades as grades one through   |
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11|five, grades six through eight, and grades nine through twelve, then   |
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12|as to such district the provisions of subsection B of this section     |
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13|shall apply to grades four and five rather than grades four through    |
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14|six, and the provisions of Section 18-113.3 of this title shall        |
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15|apply to grades six through twelve.                                    |
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16|    E.  Any violations of the provisions of this section shall         |
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17|result in denial of accreditation in accordance with the               |
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18|requirements of Section 3-104.4 of this title.                         |
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19|    F.  Any school district which at the beginning of the school       |
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20|year does not have sufficient classrooms to meet the class size        |
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21|limitation limitations in grades two through twelve provided for in    |
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22|this section as determined by guidelines established by the State      |
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23|Board of Education shall not be penalized for failure to meet the      |
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24|class size limitations provided for in this section if:                |
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   Req. No. 8314                                                   Page 5
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 1|         a.   the                                                      |
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 2|    1.  The school district has voted indebtedness, at any time        |
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 3|within the five (5) years preceding the year the district exceeds      |
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 4|the class size limitations or during the year the district exceeds     |
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 5|the class size limitations, through the issuance of bonds or           |
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 6|approval by voters of issuance of new bonds for more than              |
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 7|eighty-five percent (85%) of the maximum allowable pursuant to the     |
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 8|provisions of Section 26 of Article X of the Oklahoma Constitution     |
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 9|as shown on the school district budget filed with the State            |
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10|Equalization Board for the current school year and certifications by   |
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11|the Attorney General prior to February 1 of the current school year;   |
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12|and                                                                    |
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13|         b.   on                                                       |
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14|    2.  On the date of filing of the school district budget with the   |
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15|State Equalization Board, the school district is voting the maximum    |
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16|millage allowable for the support, maintenance and construction of     |
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17|schools as provided for in subsections (a), (c), (d) and (d-1) of      |
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18|Section 9 of Article X of the Oklahoma Constitution and Section 10     |
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19|of Article X of the Oklahoma Constitution.                             |
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20|    G.  Any school district which exceeds the class size limitations   |
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21|as set forth in this section shall submit a written report to the      |
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22|State Board of Education, on or before July 1 of each year, setting    |
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23|forth the procedures that the district will follow in order to         |
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24|comply with this section.                                              |
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   Req. No. 8314                                                   Page 6
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 1|    H.  School districts which receive state-appropriated funds        |
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 2|pursuant to the provisions of Section 18-112.2 of this title and do    |
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 3|not comply with the provisions of this section shall be subject to     |
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 4|loss of State Aid for each child in excess of the class size           |
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 5|limitations specified in this section.                                 |
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 6|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 18-113.2, is   |
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 7|amended to read as follows:                                            |
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 8|    Section 18-113.2  A.  The provisions of this section shall apply   |
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 9|only to kindergarten.                                                  |
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10|    1.  No child shall be included in the average daily membership     |
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11|of a school district for the purpose of computing and paying           |
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12|state-appropriated funds if that child is regularly assigned to a      |
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13|teacher or to a class that includes more than twenty (20) students.    |
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14|    2.  If a class or classes in a grade exceed the class size         |
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15|limitation provided for in this subsection, the class size             |
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16|limitation and penalty shall not apply if:                             |
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17|         a.   the creation of an additional class would cause a        |
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18|              class to have fewer than ten (10) students;, and         |
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19|         b.   a teacher's assistant, as defined in Section 6-127 of    |
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20|              this title, is employed to serve with each teacher in    |
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21|              a class that exceeds the class size limitation           |
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22|              provided for in this subsection.                         |
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   Req. No. 8314                                                   Page 7
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 1|    3.  No school district shall be penalized for exceeding class      |
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 2|size limitations set forth in this section if the limitations are      |
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 3|exceeded beginning after the first nine (9) weeks of the school        |
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 4|year.                                                                  |
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 5|    4.  Any school district which at the beginning of the school       |
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 6|year does not have sufficient classrooms to meet the class size        |
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 7|limitation provided for in this section as determined by guidelines    |
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 8|established by the State Board of Education shall not be penalized     |
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 9|for failure to meet the class size limitations provided for in this    |
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10|section if:                                                            |
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11|         a.   the school district has voted indebtedness, at any       |
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12|              time within the five (5) years preceding the year the    |
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13|              district exceeds the class size limitations or during    |
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14|              the year the district exceeds the class size             |
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15|              limitations, through the issuance of bonds or approval   |
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16|              by voters of issuance of new bonds for more than         |
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17|              eighty-five percent (85%) of the maximum allowable       |
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18|              pursuant to the provisions of Section 26 of Article X    |
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19|              of the Oklahoma Constitution as shown on the school      |
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20|              district budget filed with the State Equalization        |
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21|              Board for the current school year and certifications     |
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22|              by the Attorney General prior to February 1 of the       |
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23|              current school year; and                                 |
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   Req. No. 8314                                                   Page 8
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 1|         b.   on the date of filing of the school district budget      |
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 2|              with the State Equalization Board, the school district   |
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 3|              is voting the maximum millage allowable for the          |
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 4|              support, maintenance and construction of schools as      |
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 5|              provided for in subsections (a), (c), (d) and (d-1) of   |
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 6|              Section 9 of Article X of the Oklahoma Constitution      |
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 7|              and Section 10 of Article X of the Oklahoma              |
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 8|              Constitution.                                            |
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 9|    5.  Any school district found to be in violation of the            |
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10|provisions of this subsection shall receive a penalty in the State     |
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11|Aid formula as a reduction to State Aid to be determined as follows:   |
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12|         a.   multiply each pupil in excess of the class size          |
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13|              membership limit as provided in this subsection by the   |
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14|              grade level weight and by the Base Foundation Support    |
  |                                                                       |
15|              Level for the current school year, and                   |
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16|         b.   multiply each pupil in excess of the class size          |
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17|              membership limit as provided in this subsection by the   |
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18|              grade level weight and by the Incentive Aid guarantee    |
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19|              for the current school year times twenty (20), and       |
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20|         c.   sum the products of subparagraphs a and b of this        |
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21|              paragraph.                                               |
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22|    B.  Any violations of the provisions of this section shall         |
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23|result in denial of accreditation in accordance with the               |
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24|requirements of Section 3-104.4 of this title.                         |
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   Req. No. 8314                                                   Page 9
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 1|    C.  School districts which receive state-appropriated funds        |
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 2|pursuant to the provisions of Section 18-112.2 of this title and do    |
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 3|not comply with the provisions of this section shall be subject to     |
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 4|loss of State Aid for each child in excess of the class size           |
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 5|limitations specified in this section.                                 |
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 6|    SECTION 3.  This act shall become effective July 1, 2022.          |
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 8|    58-1-8314      EK     05/17/21                                     |
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   Req. No. 8314                                                   Page 10
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