1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 112 By: Thompson (Roger) of the |
| Senate |
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| and |
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| Baker of the House |
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6| |
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7| [ State Aid Formula - transportation factor - |
| effective date - emergency ] |
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|AUTHOR: Add the following House Coauthor: Schreiber |
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|AMENDMENT NO. 1. Strike the stricken title, enacting clause, and |
13| entire bill and insert: |
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14| |
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15| |
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16| "[ State Aid Formula weighted pupil category - |
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17| transportation factor - effective date - |
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18| emergency ] |
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20| |
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21|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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22| SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-109.5, is |
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23|amended to read as follows: |
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24| Section 18-109.5 A. As used in Section 18-201.1 of this title: |
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1| 1. "Visual impairment" means an impairment in vision that, even |
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2|with correction, adversely affects a child's educational |
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3|performance. This includes both partial sight and blindness; |
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4| 2. "Specific learning disability" means a disorder in one or |
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5|more of the basic psychological processes involved in understanding |
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6|or in using language, spoken or written, that may manifest itself in |
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7|the imperfect ability to listen, think, speak, read, write, spell or |
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8|to do mathematical calculations, including conditions such as |
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9|perceptual disabilities, brain injury, minimal brain dysfunction, |
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10|dyslexia and developmental aphasia. The term does not include |
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11|learning problems that are primarily the result of visual, hearing |
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12|or motor disabilities, of intellectual disability, of emotional |
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13|disturbance or of environmental, cultural or economic disadvantage; |
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14| 3. "Deafness" means a hearing impairment that is so severe that |
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15|the child is impaired in processing linguistic information through |
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16|hearing, with or without amplification, that adversely affects a |
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17|child's educational performance; |
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18| 4. "Economically disadvantaged" means all children who qualify |
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19|for free or reduced lunches; |
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20| 5. "Intellectual disability" means significantly subaverage |
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21|general intellectual functioning, existing concurrently with |
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22|deficits in adaptive behavior and manifested during the development |
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23|period, that adversely affects a child's educational performance; |
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24| |
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1| 6. "Emotional disturbance" means a condition exhibiting one or |
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2|more of the following characteristics over a long period of time and |
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3|to a marked degree that adversely affects a child's educational |
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4|performance: |
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5| a. an inability to learn which cannot be explained by |
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6| intellectual, sensory or health factors, |
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7| b. an inability to build or maintain satisfactory |
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8| interpersonal relationships with peers and teachers, |
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9| c. inappropriate types of behavior or feelings under |
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10| normal circumstances, |
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11| d. a general pervasive mood of unhappiness or depression, |
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12| or |
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13| e. a tendency to develop physical symptoms or fears |
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14| associated with personal or school problems. |
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15|The term includes children who are schizophrenic. The term does not |
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16|include children who are socially maladjusted, unless it is |
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17|determined that they are seriously emotionally disturbed; |
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18| 7. "Gifted" means identified students as outlined in Section |
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19|1210.301 of this title; |
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20| 8. "Hearing impairment" means an impairment in hearing, whether |
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21|permanent or fluctuating, that adversely affects a child's |
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22|educational performance but that is not included under the |
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23|definition of "deafness"; |
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24| |
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1| 9. "Multiple disabilities" means concomitant impairments, such |
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2|as intellectual disability blindness or intellectual disability |
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3|orthopedic impairment, the combination of which causes such severe |
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4|educational needs that they cannot be accommodated in special |
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5|education programs solely for one of the impairments. The term does |
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6|not include deaf-blindness; |
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7| 10. "Orthopedic impairment" means a severe orthopedic |
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8|impairment that adversely affects a child's educational performance. |
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9| The term includes impairments caused by a congenital anomaly, |
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10|impairments caused by disease such as poliomyelitis and bone |
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11|tuberculosis, and impairments from other causes such as cerebral |
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12|palsy, amputations and fractures or burns that cause contractures; |
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13| 11. "Other health impairment" means having limited strength, |
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14|vitality or alertness, including a heightened alertness to |
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15|environmental stimuli, that results in limited alertness with |
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16|respect to the educational environment that adversely affects a |
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17|child's educational performance and is due to chronic or acute |
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18|health problems such as asthma, attention deficit disorder or |
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19|attention deficit hyperactivity disorder, diabetes, epilepsy, a |
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20|heart condition, hemophilia, lead poisoning, leukemia, nephritis, |
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21|rheumatic fever, sickle cell anemia and Tourette syndrome; |
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22| 12. "Speech or language impairment" means a communication |
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23|disorder, such as stuttering, impaired articulation, a language |
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1|impairment, or a voice impairment, that adversely affects a child's |
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2|educational performance; |
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3| 13. "Deaf-blindness" means concomitant hearing and visual |
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4|impairments, the combination of which causes such severe |
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5|communication and other developmental and educational problems that |
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6|they cannot be accommodated in special education programs solely for |
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7|children with deafness or children with blindness; |
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8| 14. "Autism" means a developmental disability significantly |
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9|affecting verbal and nonverbal communication and social interaction, |
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10|generally evident before age three (3), that adversely affects a |
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11|child's educational performance. Other characteristics often |
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12|associated with autism are engagement in repetitive activities and |
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13|stereotyped movements, resistance to environmental change or change |
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14|in daily routines, and unusual responses to sensory experiences. |
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15|Autism does not apply if a child's educational performance is |
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16|adversely affected primarily because the child has an emotional |
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17|disturbance, as defined in this subsection; |
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18| 15. "Traumatic brain injury" means an acquired injury to the |
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19|brain caused by an external physical force, resulting in total or |
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20|partial functional disability or psychosocial impairment, or both, |
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21|that adversely affects a child's educational performance. Traumatic |
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22|brain injury applies to open or closed head injuries resulting in |
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23|impairments in one or more areas such as cognition; language; |
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24|memory; attention; reasoning; abstract thinking; judgment; |
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1|problem-solving; sensory, perceptual, and motor abilities; | | | 2|psychosocial behavior; physical functions; information processing; | | | 3|and speech. Traumatic brain injury does not apply to brain injuries | | | 4|that are congenital or degenerative or to brain injuries induced by | | | 5|birth trauma; | | | 6| 16. "BilingualEnglish language learner" means those students: | | | 7| a. whohave limited English speaking abilities or who| | | 8|come from homes where English is not the dominant| | | 9|language as reported on the current year application| | | 10|for accreditation: | | | 11| (1) were not born in the United States or whose | | | 12| native language is a language other than English, | | | 13| (2) are Native American or Alaska Natives, or a | | | 14| native resident of the outlying areas, and who | | | 15| come from an environment where a language other | | | 16| than English has had a significant impact on the | | | 17| student's level of English language proficiency, | | | 18| or | | | 19| (3) are migratory, whose native language is a | | | 20| language other than English, and who come from an | | | 21| environment where a language other than English | | | 22| is dominant, and | | | 23| | | | 24| | | | Page 6 ___________________________________________________________________________
1| b. whose difficulties in speaking, reading, writing, or |
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2| understanding the English language may be sufficient |
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3| to deny the student: |
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4| (1) the ability to meet the state's proficient level |
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5| of achievement on state assessments, |
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6| (2) the ability to successfully achieve in |
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7| classrooms where the language of instruction is |
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8| English, or |
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9| (3) the opportunity to participate fully in society. |
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10| |
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11|Any school district receiving funds for a student who is categorized |
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12|as an English language learner shall reevaluate the student annually |
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13|using assessments required by federal law to confirm the student |
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14|continues to meet the definition of English language learner as |
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15|provided in this paragraph; |
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16| 17. "Special Education Summer Program" means those summer |
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17|school programs which school districts may provide for children who |
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18|are severely or profoundly multiple-handicapped if their |
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19|individualized education program states the need for a continuing |
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20|educational experience to prevent loss of educational achievement or |
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21|basic life skills. Any school district receiving funds for such |
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22|special education summer programs shall provide services as provided |
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23|in Section 13-101 of this title; and |
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24| |
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1| 18. "Optional Extended School Year Program" means the program |
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2|defined in Section 1-109.1 of this title. |
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3| B. The State Board of Education is hereby authorized to modify |
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4|and redefine by rule the definitions set out in this section |
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5|whenever such modification is required to receive federal assistance |
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6|therefor. |
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7| SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-200.1, as |
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8|last amended by Section 2, Chapter 488, O.S.L. 2021, is amended to |
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9|read as follows: |
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10| Section 18-200.1 A. Beginning with the 2022-2023 school year, |
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11|and each school year thereafter, each school district shall have its |
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12|initial allocation of State Aid calculated based on the state |
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13|dedicated revenues actually collected during the preceding fiscal |
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14|year, the adjusted assessed valuation of the preceding year and the |
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15|weighted average daily membership for the school district of the |
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16|preceding school year. Each school district shall submit the |
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17|following data based on the first nine (9) weeks, to be used in the |
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18|calculation of the average daily membership of the school district: |
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19| 1. Student enrollment by grade level; |
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20| 2. Pupil category counts; and |
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21| 3. Transportation supplement data. |
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22| On or before December 30, the State Department of Education |
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23|shall determine each school district's current year allocation |
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24|pursuant to subsection D of this section. The State Department of |
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1|Education shall complete an audit, using procedures established by |
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2|the Department, of the student enrollment by grade level data, pupil |
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3|category counts and transportation supplement data to be used in the |
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4|State Aid Formula pursuant to subsection D of this section by |
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5|December 1 and by January 15 shall notify each school district of |
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6|the district's final State Aid allocation for the current school |
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7|year. The January payment of State Aid and each subsequent payment |
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8|for the remainder of the school year shall be based on the final |
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9|State Aid allocation as calculated in subsection D of this section. |
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10|Except for reductions made due to the assessment of penalties by the |
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11|State Department of Education according to law, the January payment |
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12|of State Aid and each subsequent payment for the remainder of the |
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13|school year shall not decrease by an amount more than the amount |
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14|that the current chargeable revenue increases for that district. |
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15| B. The State Department of Education shall retain not less than |
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16|one and one-half percent (1 1/2%) of the total funds appropriated |
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17|for financial support of schools, to be used to make midyear |
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18|adjustments in State Aid and which shall be reflected in the final |
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19|allocations. If the amount of appropriated funds, including the one |
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20|and one-half percent (1 1/2%) retained, remaining after January 1 of |
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21|each year is not sufficient to fully fund the final allocations, the |
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22|Department shall recalculate each school district's remaining |
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23|allocation pursuant to subsection D of this section using the |
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24|reduced amount of appropriated funds. |
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1| C. On and after July 1, 1997, the amount of State Aid each |
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2|district shall receive shall be the sum of the Foundation Aid, the |
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3|Salary Incentive Aid and the Transportation Supplement, as adjusted |
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4|pursuant to the provisions of subsection G of this section and |
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5|Section 18-112.2 of this title; provided, no district having per |
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6|pupil revenue in excess of three hundred percent (300%) of the |
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7|average per pupil revenue of all districts shall receive any State |
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8|Aid or Supplement in State Aid. |
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9| The July calculation of per pupil revenue shall be determined by |
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10|dividing the district's second preceding year's total weighted |
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11|average daily membership (ADM) into the district's preceding year's |
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12|total revenues excluding federal revenue, insurance loss payments, |
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13|reimbursements, recovery of overpayments and refunds, unused |
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14|reserves, prior expenditures recovered, prior year surpluses, and |
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15|less the amount of any transfer fees paid in that year. |
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16| The December calculation of per pupil revenue shall be |
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17|determined by dividing the district's preceding year's total |
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18|weighted average daily membership (ADM) into the district's |
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19|preceding year's total revenues excluding federal revenue, insurance |
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20|loss payments, reimbursements, recovery of overpayments and refunds, |
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21|unused reserves, prior expenditures recovered, prior year surpluses, |
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22|and less the amount of any transfer fees paid in that year. |
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23| |
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24| |
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1| D. For the 1997-98 school year, and each school year |
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2|thereafter, Foundation Aid, the Transportation Supplement and Salary |
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3|Incentive Aid shall be calculated as follows: |
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4| 1. Foundation Aid shall be determined by subtracting the amount |
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5|of the Foundation Program Income from the cost of the Foundation |
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6|Program and adding to this difference the Transportation Supplement. |
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7| a. The Foundation Program shall be a district's higher |
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8| weighted average daily membership based on the first |
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9| nine (9) weeks of the current school year or the |
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10| preceding school year of a school district, as |
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11| determined by the provisions of subsection A of |
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12| Section 18-201.1 of this title and paragraphs 1, 2, 3 |
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13| and 4 of subsection B of Section 18-201.1 of this |
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14| title, multiplied by the Base Foundation Support |
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15| Level. However, for the portion of weighted |
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16| membership derived from nonresident, transferred |
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17| pupils enrolled in online courses, the Foundation |
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18| Program shall be a district's weighted average daily |
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19| membership of the preceding school year or the first |
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20| nine (9) weeks of the current school year, whichever |
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21| is greater, as determined by the provisions of |
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22| subsection A of Section 18-201.1 of this title and |
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23| paragraphs 1, 2, 3 and 4 of subsection B of Section |
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24| |
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1| 18-201.1 of this title, multiplied by the Base |
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2| Foundation Support Level. |
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3| b. The Foundation Program Income shall be the sum of the |
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4| following: |
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5| (1) The adjusted assessed valuation of the current |
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6| school year of the school district, minus the |
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7| previous year protested ad valorem tax revenues |
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8| held as prescribed in Section 2884 of Title 68 of |
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9| the Oklahoma Statutes, multiplied by the mills |
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10| levied pursuant to subsection (c) of Section 9 of |
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11| Article X of the Oklahoma Constitution, if |
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12| applicable, as adjusted in subsection (c) of |
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13| Section 8A of Article X of the Oklahoma |
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14| Constitution. For purposes of this subsection, |
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15| the "adjusted assessed valuation of the current |
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16| school year" shall be the adjusted assessed |
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17| valuation on which tax revenues are collected |
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18| during the current school year, and |
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19| (2) Seventy-five percent (75%) of the amount received |
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20| by the school district from the proceeds of the |
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21| county levy during the preceding fiscal year, as |
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22| levied pursuant to subsection (b) of Section 9 of |
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23| Article X of the Oklahoma Constitution, and |
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24| |
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1| (3) MotorVehicle Collectionsvehicle collections, | | | 2| and | | | 3| (4) GrossProduction Taxproduction tax, and | | | 4| (5) StateApportionmentapportionment, and | | | 5| (6) R.E.A.Taxtax. | | | 6| The items listed in divisions (3), (4), (5), and (6) | | | 7| of this subparagraph shall consist of the amounts | | | 8| actually collected from such sources during the | | | 9| preceding fiscal year calculated on a per capita basis | | | 10| on the unit provided for by law for the distribution | | | 11| of each such revenue. | | | 12| 2. The Transportation Supplement shall be equal to the average | | | 13|daily haul times the per capita allowance times the appropriate | | | 14|transportation factor. | | | 15| a. The average daily haul shall be the number of children | | | 16| in a district who are legally transported and who live | | | 17| one and one-half (1 1/2) miles or more from school. | | | 18| b. The per capita allowance shall be determined using the | | | 19| following chart: | | | 20| PER CAPITA PER CAPITA | | | 21| | | | 22|DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE | | | 23|.3000 - .3083 $167.00 .9334 - .9599 $99.00 | | | 24|.3084 - .3249 $165.00 .9600 - .9866 $97.00 | | | Page 13 ___________________________________________________________________________
1|.3250 - .3416 $163.00 .9867 - 1.1071 $95.00 |
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2|.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00 |
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3|.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00 |
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4|.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00 |
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5|.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00 |
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6|.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00 |
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7|.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00 |
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8|.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00 |
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9|.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00 |
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10|.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00 |
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11|.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00 |
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12|.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00 |
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13|.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00 |
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14|.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00 |
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15|.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00 |
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16|.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00 |
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17|.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00 |
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18|.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00 |
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19|.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00 |
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20|.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00 |
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21|.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00 |
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22|.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00 |
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23|.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00 |
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24|.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00 |
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Page 14
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1|.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00 | | | 2|.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00 | | | 3|.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00 | | | 4|.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00 | | | 5|.9067 - .9333 $101.00 9.6668 or more $33.00 | | | 6| c. The formula transportation factor shall be1.393.0. | | | 7| 3. Salary Incentive Aid shall be determined as follows: | | | 8| a. Multiply the Incentive Aid guarantee by the district's | | | 9| higher weighted average daily membership based on the | | | 10| first nine (9) weeks of the current school year or the | | | 11| preceding school year of a school district, as | | | 12| determined by the provisions of subsection A of | | | 13| Section 18-201.1 of this title and paragraphs 1, 2, 3 | | | 14| and 4 of subsection B of Section 18-201.1 of this | | | 15| title. | | | 16| b. Divide the district's adjusted assessed valuation of | | | 17| the current school year minus the previous year's | | | 18| protested ad valorem tax revenues held as prescribed | | | 19| in Section 2884 of Title 68 of the Oklahoma Statutes, | | | 20| by one thousand (1,000) and subtract the quotient from | | | 21| the product of subparagraph a of this paragraph. The | | | 22| remainder shall not be less than zero (0). | | | 23| c. Multiply the number of mills levied for general fund | | | 24| purposes above the fifteen (15) mills required to | | | Page 15 ___________________________________________________________________________
1| support Foundation Aid pursuant to division (1) of |
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2| subparagraph b of paragraph 1 of this subsection, not |
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3| including the county four-mill levy, by the remainder |
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4| of subparagraph b of this paragraph. The product |
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5| shall be the Salary Incentive Aid of the district. |
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6| E. By June 30, 1998, the State Department of Education shall |
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7|develop and the Department and all school districts shall have |
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8|implemented a student identification system which is consistent with |
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9|the provisions of subsections C and D of Section 3111 of Title 74 of |
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10|the Oklahoma Statutes. The student identification system shall be |
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11|used specifically for the purpose of reporting enrollment data by |
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12|school sites and by school districts, the administration of the |
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13|Oklahoma School Testing Program Act, the collection of appropriate |
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14|and necessary data pursuant to the Oklahoma Educational Indicators |
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15|Program, determining student enrollment, establishing a student |
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16|mobility rate, allocation of the State Aid Formula and midyear |
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17|adjustments in funding for student growth. This enrollment data |
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18|shall be submitted to the State Department of Education in |
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19|accordance with rules promulgated by the State Board of Education. |
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20|Funding for the development, implementation, personnel training and |
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21|maintenance of the student identification system shall be set out in |
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22|a separate line item in the allocation section of the appropriation |
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23|bill for the State Board of Education for each year. |
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24| |
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1| F. 1. In the event that ad valorem taxes of a school district |
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2|are determined to be uncollectible because of bankruptcy, clerical |
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3|error, or a successful tax protest, and the amount of such taxes |
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4|deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or |
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5|an amount greater than twenty-five percent (25%) of ad valorem taxes |
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6|per tax year, or the valuation of a district is lowered by order of |
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7|the State Board of Equalization, the school district's State Aid, |
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8|for the school year that such ad valorem taxes are calculated in the |
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9|State Aid Formula, shall be determined by subtracting the net |
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10|assessed valuation of the property upon which taxes were deemed |
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11|uncollectible from the assessed valuation of the school district and |
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12|the state. Upon request of the local board of education, it shall |
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13|be the duty of the county assessor to certify to the Director of |
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14|Finance of the State Department of Education the net assessed |
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15|valuation of the property upon which taxes were determined |
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16|uncollectible. |
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17| 2. In the event that the amount of funds a school district |
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18|receives for reimbursement from the Ad Valorem Reimbursement Fund is |
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19|less than the amount of funds claimed for reimbursement by the |
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20|school district due to insufficiency of funds as provided in Section |
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21|193 of Title 62 of the Oklahoma Statutes, then the school district's |
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22|assessed valuation for the school year that such ad valorem |
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23|reimbursement is calculated in the State Aid Formula shall be |
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24|adjusted accordingly. |
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Page 17
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1| G. 1. Notwithstanding the provisions of Section 18-112.2 of |
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2|this title, a school district shall have its State Aid reduced by an |
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3|amount equal to the amount of carryover in the general fund of the |
| |
4|district as of June 30 of the preceding fiscal year, that is in |
| |
5|excess of the following standards for two (2) consecutive years: |
| |
6| Total Amount of Amount of |
| |
7| General Fund Collections, General Fund |
| |
8| Excluding Previous Year Balance |
| |
9| Cash Surplus as of June 30 Allowable |
| |
10| Less than $1,000,000 48% |
| |
11| $1,000,000 - $2,999,999 42% |
| |
12| $3,000,000 - $3,999,999 36% |
| |
13| $4,000,000 - $4,999,999 30% |
| |
14| $5,000,000 - $5,999,999 24% |
| |
15| $6,000,000 - $7,999,999 22% |
| |
16| $8,000,000 - $9,999,999 19% |
| |
17| $10,000,000 or more 17% |
| |
18| 2. By February 1 the State Department of Education shall send |
| |
19|by certified mail, with return receipt requested, to each School |
| |
20|District Superintendent, Auditor and Regional Accreditation Officer |
| |
21|a notice of and calculation sheet reflecting the general fund |
| |
22|balance penalty to be assessed against that school district. |
| |
23|Calculation of the general fund balance penalty shall not include |
| |
24|federal revenue. Within thirty (30) days of receipt of this written |
| |
Page 18
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1|notice the school district shall submit to the Department a written |
| |
2|reply either accepting or protesting the penalty to be assessed |
| |
3|against the district. If protesting, the school district shall |
| |
4|submit with its reply the reasons for rejecting the calculations and |
| |
5|documentation supporting those reasons. The Department shall review |
| |
6|all school district penalty protest documentation and notify each |
| |
7|district by March 15 of its finding and the final penalty to be |
| |
8|assessed to each district. General fund balance penalties shall be |
| |
9|assessed to all school districts by April 1. |
| |
10| 3. Any school district which receives proceeds from a tax |
| |
11|settlement or a Federal Emergency Management Agency settlement |
| |
12|during the last two (2) months of the preceding fiscal year shall be |
| |
13|exempt from the penalties assessed in this subsection, if the |
| |
14|penalty would occur solely as a result of receiving funds from the |
| |
15|tax settlement. |
| |
16| 4. Any school district which receives an increase in State Aid |
| |
17|because of a change in Foundation and/or Salary Incentive Aid |
| |
18|factors during the last two (2) months of the preceding fiscal year |
| |
19|shall be exempt from the penalties assessed in this subsection, if |
| |
20|the penalty would occur solely as a result of receiving funds from |
| |
21|the increase in State Aid. |
| |
22| 5. If a school district does not receive Foundation and/or |
| |
23|Salary Incentive Aid during the preceding fiscal year, the State |
| |
24|Board of Education may waive the penalty assessed in this subsection |
| |
Page 19
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1|if the penalty would result in a loss of more than forty percent | | | 2|(40%) of the remaining State Aid to be allocated to the school | | | 3|district between April 1 and the remainder of the school year and if | | | 4|the Board determines the penalty will cause the school district not | | | 5|to meet remaining financial obligations. | | | 6| 6. Any school district which receives gross production revenue | | | 7|apportionment during the 2002-2003 school year or in any subsequent | | | 8|school year that is greater than the gross production revenue | | | 9|apportionment of the preceding school year shall be exempt from the | | | 10|penalty assessed in this subsection, if the penalty would occur | | | 11|solely as a result of the gross production revenue apportionment, as | | | 12|determined by the State Board of Education. | | | 13| 7. Beginning July 1, 2003, school districts that participate in | | | 14|consolidation or annexation pursuant to the provisions of the | | | 15|Oklahoma SchoolVoluntaryConsolidation and Annexation Act shall be | | | 16|exempt from the penalty assessed in this subsection for the school | | | 17|year in which the consolidation or annexation occurs and for the | | | 18|next three (3) fiscal years. | | | 19| 8. Any school district which receives proceeds from a sales tax | | | 20|levied by a municipality pursuant to Section 22-159 of Title 11 of | | | 21|the Oklahoma Statutes or proceeds from a sales tax levied by a | | | 22|county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes | | | 23|during the 2003-2004 school year or the 2004-2005 school year shall | | | 24|be exempt from the penalties assessed in this subsection, if the | | | Page 20 ___________________________________________________________________________
1|penalty would occur solely as a result of receiving funds from the |
| |
2|sales tax levy. |
| |
3| 9. Any school district which has an amount of carryover in the |
| |
4|general fund of the district in excess of the limits established in |
| |
5|paragraph 1 of this subsection during the fiscal years beginning |
| |
6|July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall |
| |
7|not be assessed a general fund balance penalty as provided for in |
| |
8|this subsection. |
| |
9| 10. For purposes of calculating the general fund balance |
| |
10|penalty, the terms "carryover" and "general fund balance" shall not |
| |
11|include federal revenue. |
| |
12| H. In order to provide startup funds for the implementation of |
| |
13|early childhood programs, State Aid may be advanced to school |
| |
14|districts that initially start early childhood instruction at a |
| |
15|school site. School districts that desire such advanced funding |
| |
16|shall make application to the State Department of Education no later |
| |
17|than September 15 of each year and advanced funding shall be awarded |
| |
18|to the approved districts no later than October 30. The advanced |
| |
19|funding shall not exceed the per pupil amount of State Aid as |
| |
20|calculated in subsection D of this section per anticipated Head |
| |
21|Start eligible student. The total amount of advanced funding shall |
| |
22|be proportionately reduced from the monthly payments of the |
| |
23|district's State Aid payments during the last six (6) months of the |
| |
24|same fiscal year. |
| |
Page 21
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1| I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission, |
| |
2|notwithstanding any provision of law to the contrary, shall report |
| |
3|monthly to the State Department of Education the monthly |
| |
4|apportionment of the following information: |
| |
5| a. the assessed valuation of property, |
| |
6| b. motor vehicle collections, |
| |
7| c. R.E.A. tax collected, and |
| |
8| d. gross productions tax collected. |
| |
9| 2. Beginning July 1, 1997, the State Auditor and Inspector's |
| |
10|Office, notwithstanding any provision of law to the contrary, shall |
| |
11|report monthly to the State Department of Education the monthly |
| |
12|apportionment of the proceeds of the county levy. |
| |
13| 3. Beginning July 1, 1996, the Commissioners of the Land |
| |
14|Office, notwithstanding any provision of law to the contrary, shall |
| |
15|report monthly to the State Department of Education the monthly |
| |
16|apportionment of state apportionment. |
| |
17| 4. Beginning July 1, 1997, the county treasurers' offices, |
| |
18|notwithstanding any provision of law to the contrary, shall report |
| |
19|monthly to the State Department of Education the ad valorem tax |
| |
20|protest amounts for each county. |
| |
21| 5. The information reported by the Tax Commission, the State |
| |
22|Auditor and Inspector's Office, the county treasurers' offices and |
| |
23|the Commissioners of the Land Office, pursuant to this subsection |
| |
24| |
| |
Page 22
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1|shall be reported by school district on forms developed by the State |
| |
2|Department of Education. |
| |
3| SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-201.1, is |
| |
4|amended to read as follows: |
| |
5| Section 18-201.1 A. Beginning with the 2020-21 school year, |
| |
6|and each school year thereafter, the weighted membership of a school |
| |
7|district for calculation of Foundation Aid purposes pursuant to |
| |
8|paragraph 1 of subsection D of Section 18-200.1 of this title shall |
| |
9|be the sum of the weighted pupil grade level calculation, the |
| |
10|weighted pupil category calculation, the weighted district |
| |
11|calculation and the weighted teacher experience and degree |
| |
12|calculation. The weighted membership of a school district for |
| |
13|calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
| |
14|of subsection D of Section 18-200.1 of this title shall be the sum |
| |
15|of the weighted pupil grade level calculation, the weighted pupil |
| |
16|category calculation, the weighted district calculation and the |
| |
17|weighted teacher experience and degree calculation. |
| |
18| B. Beginning with the 2022-2023 school year, the weighted |
| |
19|calculations provided for in subsection A of this section shall be |
| |
20|based on the higher weighted average daily membership of the first |
| |
21|nine (9) weeks of the current school year or the preceding school |
| |
22|year of a school district, unless otherwise specified. The higher |
| |
23|of the two (2) weighted average daily memberships shall be used |
| |
24|consistently in all of the calculations; however, the weighted |
| |
Page 23
___________________________________________________________________________
1|calculation for a statewide virtual charter school experiencing a |
| |
2|significant decline in membership shall be based on the first nine |
| |
3|(9) weeks of the current school year for the statewide virtual |
| |
4|charter school. For purposes of this subsection, "significant |
| |
5|decline in membership" means equal to or greater than a fifteen |
| |
6|percent (15%) decrease in average daily membership from the |
| |
7|preceding school year to the average daily membership of the first |
| |
8|nine (9) weeks of the current school year. The average daily |
| |
9|membership data used for all calculations in paragraphs 1, 2, 3 and |
| |
10|4 of this subsection shall be the same as used in the calculation of |
| |
11|the State Aid Formula. The weighted calculations provided for in |
| |
12|subsection A of this section shall be determined as follows: |
| |
13| 1. The weighted pupil grade level calculation shall be |
| |
14|determined by taking the highest average daily membership and |
| |
15|assigning weights to the pupils according to grade attended as |
| |
16|follows: |
| |
17| GRADE LEVEL WEIGHT |
| |
18| a. Half-day early childhood programs .7 |
| |
19| b. Full-day early childhood programs 1.3 |
| |
20| c. Half-day kindergarten 1.3 |
| |
21| d. Full-day kindergarten 1.5 |
| |
22| e. First and second grade 1.351 |
| |
23| f. Third grade 1.051 |
| |
24| g. Fourth through sixth grade 1.0 |
| |
Page 24
___________________________________________________________________________
1| h. Seventh through twelfth grade 1.2 |
| |
2| i. Out-of-home placement 1.50 |
| |
3|Multiply the membership of each subparagraph of this paragraph by |
| |
4|the weight assigned to such subparagraph of this paragraph and add |
| |
5|the totals together to determine the weighted pupil grade level |
| |
6|calculation for a school district. Determination of the pupils |
| |
7|eligible for the early childhood program weight shall be pursuant to |
| |
8|the provisions of Section 1-114 of this title. The pupils eligible |
| |
9|for the out-of-home placement pupil weight shall be students who are |
| |
10|not residents of the school district in which they are receiving |
| |
11|education pursuant to the provisions of subsection D of Section |
| |
12|1-113 of this title. Such weight may be claimed by the district |
| |
13|providing educational services to such student for the days that |
| |
14|student is enrolled in that district. If claimed, the out-of-home |
| |
15|placement weight shall be in lieu of the pupil grade level and any |
| |
16|pupil category weights for that student. Provided, if a student |
| |
17|resides in a juvenile detention center that is restricted to less |
| |
18|than twelve (12) beds, the out-of-home placement pupil weight for |
| |
19|such students shall be calculated as follows: for a center with six |
| |
20|(6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a |
| |
21|center with ten (10) beds - 1.80. |
| |
22| 2. The weighted pupil category calculation shall be determined |
| |
23|by assigning a weight to the pupil category as follows: |
| |
24| CATEGORY WEIGHT |
| |
Page 25
___________________________________________________________________________
1| a. Visual Impairment 3.8 | | | 2| b. Specific Learning Disability .4 | | | 3| c. Deafness or Hearing Impairment 2.9 | | | 4| d. Deaf-Blindness 3.8 | | | 5| e. Intellectual Disability 1.3 | | | 6| f. Emotional Disturbance 2.5 | | | 7| g. Gifted .34 | | | 8| h. Multiple Disabilities 2.4 | | | 9| i. Orthopedic Impairment 1.2 | | | 10| j. Speech or Language Impairment .05 | | | 11| k.BilingualEnglish Language Learner.25.34 | | | 12| l. Special Education Summer Program 1.2 | | | 13| m. Economically Disadvantaged.25.34 | | | 14| n. Optional Extended School Year | | | 15| Program As determined by | | | 16| the State Board | | | 17| of Education | | | 18| o. Autism 2.4 | | | 19| p. Traumatic Brain Injury 2.4 | | | 20| q. Other Health Impairment 1.2 | | | 21|Except as otherwise provided, multiply the number of pupils approved | | | 22|in the school year with the highest average daily membership in each | | | 23|category by the weight assigned to such category and add the totals | | | 24|together to determine the weighted pupil category calculation for a | | | Page 26 ___________________________________________________________________________
1|school district. For the 1997-98 school year and subsequent school |
| |
2|years, the number to be multiplied by the weight assigned to the |
| |
3|gifted category in subparagraph g of this paragraph shall be the |
| |
4|lesser of (1) the sum of the number of students who scored in the |
| |
5|top three percent (3%) on any national standardized test of |
| |
6|intellectual ability plus the number of students identified as |
| |
7|gifted pursuant to subparagraphs a through d of paragraph 1 of |
| |
8|Section 1210.301 of this title, or (2) the sum of the number of |
| |
9|students who scored in the top three percent (3%) on any national |
| |
10|standardized test of intellectual ability plus eight percent (8%) of |
| |
11|the total average daily membership of the school district for the |
| |
12|first nine (9) weeks of the school year. |
| |
13| 3. The weighted district calculation shall be determined by |
| |
14|determining the calculations for each school district for both the |
| |
15|small school district formula and the district sparsity - isolation |
| |
16|formula, applying whichever is the greater of the calculations of |
| |
17|the two formulas and then applying the restrictions pursuant to |
| |
18|subparagraph c of this paragraph. |
| |
19| a. Small school district formula: 529 minus the average |
| |
20| daily membership divided by 529 times .2 times total |
| |
21| average daily membership. |
| |
22| The small school district formula calculation shall apply |
| |
23| only to school districts whose highest average daily |
| |
24| membership is less than 529 pupils. School districts which |
| |
Page 27
___________________________________________________________________________
1| are consolidated or annexed after July 1, 2003, pursuant to |
| |
2| the Oklahoma School Voluntary Consolidation and Annexation |
| |
3| Act shall have the weighted district size calculation for |
| |
4| the three (3) school years following the fiscal year in |
| |
5| which such consolidation occurred calculated to be the sum |
| |
6| of the individual consolidated districts computed as if the |
| |
7| consolidation had not taken place. Thereafter, any such |
| |
8| district which is consolidated pursuant to the Oklahoma |
| |
9| School Voluntary Consolidation and Annexation Act shall not |
| |
10| qualify for the weighted district calculation unless the |
| |
11| district can satisfy the specifications herein. Subject to |
| |
12| the provisions of subparagraph c of this paragraph, the |
| |
13| resulting number shall be counted as additional students |
| |
14| for the purpose of calculating State Aid. |
| |
15| b. District sparsity - isolation formula: |
| |
16| The district sparsity - isolation formula calculation shall |
| |
17| apply only to school districts: |
| |
18| (1) whose total area in square miles is greater than |
| |
19| the average number of square miles for all school |
| |
20| districts in this state; and |
| |
21| (2) whose areal density is less than one-fourth (1/4) |
| |
22| of the state average areal density. Areal |
| |
23| density shall be determined by dividing the |
| |
24| |
| |
Page 28
___________________________________________________________________________
1| school district's average daily membership by the |
| |
2| school district's total area in square miles. |
| |
3| The district sparsity - isolation formula calculation shall |
| |
4| be calculated as follows: |
| |
5| The school district student cost factor multiplied by |
| |
6| the school district area factor. The resulting |
| |
7| product shall be multiplied by the school district's |
| |
8| average daily membership. Subject to the provisions |
| |
9| of subparagraph c of this paragraph, the resulting |
| |
10| number shall be counted as additional students for the |
| |
11| purpose of calculating State Aid. |
| |
12| The school district student cost factor shall be calculated |
| |
13| as follows: |
| |
14| The school district's average daily membership shall |
| |
15| be categorized into the following grade level groups |
| |
16| and applied to the appropriate formulas as computed |
| |
17| below: |
| |
18| Grade Level Group |
| |
19| Grades K-5 Divide 74 by the sum of the Grade |
| |
20| Level ADM plus 23, |
| |
21| add .85 to the quotient, then |
| |
22| multiply the sum by the Grade |
| |
23| Level ADM. |
| |
24| Grades 6-8 Divide 122 by the sum of the Grade |
| |
Page 29
___________________________________________________________________________
1| Level ADM plus 133, |
| |
2| add .85 to the quotient, then |
| |
3| multiply the sum by the Grade |
| |
4| Level ADM. |
| |
5| Grades 9-12 Divide 292 by the sum of the Grade |
| |
6| Level ADM plus 128, |
| |
7| add .78 to the quotient, then |
| |
8| multiply the sum by the Grade |
| |
9| Level ADM. |
| |
10| The sum of the grade level group's average daily |
| |
11| membership shall be divided by the school district's |
| |
12| average daily membership. The number one (1.0) shall |
| |
13| be subtracted from the resulting quotient. |
| |
14| The school district area cost factor shall be calculated as |
| |
15| follows: |
| |
16| Subtract the state average district area from the |
| |
17| district area, then divide the remainder by the state |
| |
18| average district area; |
| |
19| however, the district area cost factor shall not exceed one |
| |
20| (1.0). |
| |
21| The State Board of Education shall define geographical barriers |
| |
22|whose location in a school district would inhibit the district from |
| |
23|consolidation or annexation. The Board shall make available an |
| |
24|application process, review applications, and for districts the |
| |
Page 30
___________________________________________________________________________
1|Board deems necessary allow additional square miles to be used for |
| |
2|the purposes of calculations used for the weighted district sparsity |
| |
3|- isolation formula. Provided, that the additional square miles |
| |
4|allowed for geographical barriers shall not exceed thirty percent |
| |
5|(30%) of the district's actual size. |
| |
6| c. State Aid funds which a district is calculated to |
| |
7| receive as a result of the weighted district |
| |
8| calculation shall be restricted as follows: |
| |
9| If, after the weighted district calculation is |
| |
10| applied, the district's projected per pupil |
| |
11| revenue exceeds one hundred fifty percent (150%) |
| |
12| of the projected state average per pupil revenue, |
| |
13| then the district's State Aid shall be reduced by |
| |
14| an amount that will restrict the district's |
| |
15| projected per pupil revenue to one hundred fifty |
| |
16| percent (150%) of the projected state average per |
| |
17| pupil revenue. Provided, in applying the |
| |
18| restriction provided in this division, the |
| |
19| district's State Aid shall not be reduced by an |
| |
20| amount greater than by the amount of State Aid |
| |
21| which was generated by the weighted district |
| |
22| calculation. |
| |
23| The July calculation of the projected per pupil |
| |
24| revenue shall be determined by dividing the district's |
| |
Page 31
___________________________________________________________________________
1| preceding year's average daily membership (ADM) as |
| |
2| weighted by the pupil grade level, the pupil category, |
| |
3| the district and the teacher experience degree index |
| |
4| calculations for projected State Aid into the |
| |
5| district's projected total revenues including |
| |
6| projected funds for the State Aid Formula for the |
| |
7| preceding year, net assessed valuation for the |
| |
8| preceding calendar year times thirty-nine (39) mills, |
| |
9| county revenues excluding the county four-mills |
| |
10| revenues for the second preceding year, other state |
| |
11| appropriations for the preceding year and the |
| |
12| collections for the preceding year of state |
| |
13| apportionment, motor vehicle revenue, gross production |
| |
14| tax and R.E.A. tax. |
| |
15| The December calculation of the projected per pupil |
| |
16| revenue shall be determined by dividing the higher of |
| |
17| the district's first nine (9) weeks of the current |
| |
18| school year or the preceding school year's average |
| |
19| daily membership (ADM) as weighted by the pupil grade |
| |
20| level, the pupil category, the district and the |
| |
21| teacher experience degree index calculations for |
| |
22| projected State Aid into the district's projected |
| |
23| total revenues including funds for the December |
| |
24| calculation of the current year State Aid Formula, net |
| |
Page 32
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1| assessed valuation for the current calendar year times |
| |
2| thirty-nine (39) mills, county revenues excluding the |
| |
3| county four-mills revenue for the preceding year, |
| |
4| other state appropriations for the preceding year and |
| |
5| the collections for the preceding year of state |
| |
6| apportionment, motor vehicle revenue, gross production |
| |
7| tax and R.E.A. tax. |
| |
8| The district's projected total revenues for each |
| |
9| calculation shall exclude the following collections |
| |
10| for the second preceding year: federal revenue, |
| |
11| insurance loss payments, reimbursements, recovery of |
| |
12| overpayments and refunds, unused reserves, prior |
| |
13| expenditures recovered, prior year surpluses, and |
| |
14| other local miscellaneous revenues. |
| |
15| 4. The weighted teacher experience and degree calculation shall |
| |
16|be determined in accordance with the teacher experience and degree |
| |
17|index. The State Department of Education shall determine an index |
| |
18|for each state teacher by using data supplied in the school |
| |
19|district's teacher personnel reports of the preceding year and |
| |
20|utilizing the index as follows: |
| |
21| TEACHER EXPERIENCE - DEGREE INDEX |
| |
22|EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
| |
23| DEGREE DEGREE DEGREE |
| |
24|0 - 2 .7 .9 1.1 |
| |
Page 33
___________________________________________________________________________
1|3 - 5 .8 1.0 1.2 |
| |
2|6 - 8 .9 1.1 1.3 |
| |
3|9 - 11 1.0 1.2 1.4 |
| |
4|12 - 15 1.1 1.3 1.5 |
| |
5|Over 15 1.2 1.4 1.6 |
| |
6| The school district teacher index for each school district shall |
| |
7|be determined by subtracting the weighted average state teacher from |
| |
8|the weighted average district teacher. Multiply the school district |
| |
9|teacher index if greater than zero by .7 and then multiply that |
| |
10|product by the sum of the district's weighted pupil grade level |
| |
11|calculation provided in paragraph 1 of this subsection and the |
| |
12|weighted pupil category calculation provided in subparagraph m of |
| |
13|paragraph 2 of this subsection to determine the weighted teacher |
| |
14|experience and degree calculation. |
| |
15| SECTION 4. This act shall become effective July 1, 2023. |
| |
16| SECTION 5. It being immediately necessary for the preservation |
| |
17|of the public peace, health or safety, an emergency is hereby |
| |
18|declared to exist, by reason whereof this act shall take effect and |
| |
19|be in full force from and after its passage and approval." |
| |
20| |
| |
21| |
| Passed the House of Representatives the 27th day of April, 2023. |
22| |
| |
23| |
| |
24| |
| Presiding Officer of the House of |
Page 34
___________________________________________________________________________
1| Representatives |
| |
2| |
| Passed the Senate the ____ day of __________, 2023. |
3| |
| |
4| |
| |
5| |
| Presiding Officer of the Senate |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Page 35