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 |
| Of the |
6|printed Bill |
|Page Section Lines |
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| Of the |
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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1| Thompson and Hall of the |
| Senate |
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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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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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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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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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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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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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24| |
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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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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 |
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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. 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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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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