1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|SENATE BILL 527 By: Pugh |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to school funding; amending 70 O.S. |
| 2021, Section 18-109.5, which relates to State Aid |
8| definitions; updating certain definition; amending 70 |
| O.S. 2021, Section 18-200.1, as last amended by |
9| Section 2, Chapter 488, O.S.L. 2021, which relates to |
| allocation of State Aid; updating statutory language; |
10| increasing transportation factor; amending 70 O.S. |
| 2021, Section 18-201.1, which relates to calculation |
11| of weighted membership; modifying grade level and |
| category weights; updating reference to certain |
12| category; updating statutory language; providing an |
| effective date; and declaring an emergency. |
13| |
| |
14| |
| |
15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
16| SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-109.5, is |
| |
17|amended to read as follows: |
| |
18| Section 18-109.5. A. As used in Section 18-201.1 of this |
| |
19|title: |
| |
20| 1. "Visual impairment" means an impairment in vision that, even |
| |
21|with correction, adversely affects a child's educational |
| |
22|performance. This includes both partial sight and blindness; |
| |
23| 2. "Specific learning disability" means a disorder in one or |
| |
24|more of the basic psychological processes involved in understanding |
| |
Req. No. 567 Page 1
___________________________________________________________________________
1|or in using language, spoken or written, that may manifest itself in |
| |
2|the imperfect ability to listen, think, speak, read, write, spell, |
| |
3|or to do mathematical calculations, including conditions such as |
| |
4|perceptual disabilities, brain injury, minimal brain dysfunction, |
| |
5|dyslexia, and developmental aphasia. The term does not include |
| |
6|learning problems that are primarily the result of visual, hearing, |
| |
7|or motor disabilities, of intellectual disability, of emotional |
| |
8|disturbance or of environmental, cultural, or economic disadvantage; |
| |
9| 3. "Deafness" means a hearing impairment that is so severe that |
| |
10|the child is impaired in processing linguistic information through |
| |
11|hearing, with or without amplification, that adversely affects a |
| |
12|child's educational performance; |
| |
13| 4. "Economically disadvantaged" means all children who qualify |
| |
14|for free or reduced lunches; |
| |
15| 5. "Intellectual disability" means significantly subaverage |
| |
16|general intellectual functioning, existing concurrently with |
| |
17|deficits in adaptive behavior and manifested during the development |
| |
18|period, that adversely affects a child's educational performance; |
| |
19| 6. "Emotional disturbance" means a condition exhibiting one or |
| |
20|more of the following characteristics over a long period of time and |
| |
21|to a marked degree that adversely affects a child's educational |
| |
22|performance: |
| |
23| a. an inability to learn which cannot be explained by |
| |
24| intellectual, sensory, or health factors, |
| |
Req. No. 567 Page 2
___________________________________________________________________________
1| b. an inability to build or maintain satisfactory |
| |
2| interpersonal relationships with peers and teachers, |
| |
3| c. inappropriate types of behavior or feelings under |
| |
4| normal circumstances, |
| |
5| d. a general pervasive mood of unhappiness or depression, |
| |
6| or |
| |
7| e. a tendency to develop physical symptoms or fears |
| |
8| associated with personal or school problems. |
| |
9|The term includes children who are schizophrenic. The term does not |
| |
10|include children who are socially maladjusted, unless it is |
| |
11|determined that they are seriously emotionally disturbed; |
| |
12| 7. "Gifted" means identified students as outlined in Section |
| |
13|1210.301 of this title; |
| |
14| 8. "Hearing impairment" means an impairment in hearing, whether |
| |
15|permanent or fluctuating, that adversely affects a child's |
| |
16|educational performance but that is not included under the |
| |
17|definition of "deafness"; |
| |
18| 9. "Multiple disabilities" means concomitant impairments, such |
| |
19|as intellectual disability blindness or intellectual disability |
| |
20|orthopedic impairment, the combination of which causes such severe |
| |
21|educational needs that they cannot be accommodated in special |
| |
22|education programs solely for one of the impairments. The term does |
| |
23|not include deaf-blindness; |
| |
24| |
| |
Req. No. 567 Page 3
___________________________________________________________________________
1| 10. "Orthopedic impairment" means a severe orthopedic |
| |
2|impairment that adversely affects a child's educational performance. |
| |
3| The term includes impairments caused by a congenital anomaly, |
| |
4|impairments caused by disease such as poliomyelitis and bone |
| |
5|tuberculosis, and impairments from other causes such as cerebral |
| |
6|palsy, amputations and, fractures, or burns that cause contractures; |
| |
7| 11. "Other health impairment" means having limited strength, |
| |
8|vitality, or alertness, including a heightened alertness to |
| |
9|environmental stimuli, that results in limited alertness with |
| |
10|respect to the educational environment that adversely affects a |
| |
11|child's educational performance and is due to chronic or acute |
| |
12|health problems such as asthma, attention deficit disorder or |
| |
13|attention deficit hyperactivity disorder, diabetes, epilepsy, a |
| |
14|heart condition, hemophilia, lead poisoning, leukemia, nephritis, |
| |
15|rheumatic fever, sickle cell anemia, and Tourette syndrome; |
| |
16| 12. "Speech or language impairment" means a communication |
| |
17|disorder, such as stuttering, impaired articulation, a language |
| |
18|impairment, or a voice impairment, that adversely affects a child's |
| |
19|educational performance; |
| |
20| 13. "Deaf-blindness" means concomitant hearing and visual |
| |
21|impairments, the combination of which causes such severe |
| |
22|communication and other developmental and educational problems that |
| |
23|they cannot be accommodated in special education programs solely for |
| |
24|children with deafness or children with blindness; |
| |
Req. No. 567 Page 4
___________________________________________________________________________
1| 14. "Autism" means a developmental disability significantly |
| |
2|affecting verbal and nonverbal communication and social interaction, |
| |
3|generally evident before age three (3), that adversely affects a |
| |
4|child's educational performance. Other characteristics often |
| |
5|associated with autism are engagement in repetitive activities and |
| |
6|stereotyped movements, resistance to environmental change or change |
| |
7|in daily routines, and unusual responses to sensory experiences. |
| |
8|Autism does not apply if a child's educational performance is |
| |
9|adversely affected primarily because the child has an emotional |
| |
10|disturbance, as defined in this subsection; |
| |
11| 15. "Traumatic brain injury" means an acquired injury to the |
| |
12|brain caused by an external physical force, resulting in total or |
| |
13|partial functional disability or psychosocial impairment, or both, |
| |
14|that adversely affects a child's educational performance. Traumatic |
| |
15|brain injury applies to open or closed head injuries resulting in |
| |
16|impairments in one or more areas such as cognition; language; |
| |
17|memory; attention; reasoning; abstract thinking; judgment; |
| |
18|problem-solving; sensory, perceptual, and motor abilities; |
| |
19|psychosocial behavior; physical functions; information processing; |
| |
20|and speech. Traumatic brain injury does not apply to brain injuries |
| |
21|that are congenital or degenerative or to brain injuries induced by |
| |
22|birth trauma; |
| |
23| 16. "Bilingual" "English learner" means those students a |
| |
24|student who have limited English speaking abilities or who come from |
| |
Req. No. 567 Page 5
___________________________________________________________________________
1|homes where English is not the dominant language as reported on the |
| |
2|current year application for accreditation: |
| |
3| a. (1) was not born in the United States or whose |
| |
4| native language is a language other than English, |
| |
5| (2) is a Native American or Alaska Native or a |
| |
6| native resident of the outlying areas and who |
| |
7| comes from an environment where a language other |
| |
8| than English has had a significant impact on the |
| |
9| individual's level of English language |
| |
10| proficiency, or |
| |
11| (3) is migratory, whose native language is a |
| |
12| language other than English and who comes from an |
| |
13| environment where a language other than English |
| |
14| is dominant, and |
| |
15| b. whose difficulties in speaking, reading, writing, or |
| |
16| understanding the English language may be sufficient |
| |
17| to deny the individual the ability to meet the subject |
| |
18| matter standards adopted pursuant to Section 11-103.6 |
| |
19| of this title, the ability to successfully achieve in |
| |
20| classrooms where the language of instruction is |
| |
21| English, or the opportunity to participate fully in |
| |
22| society. A student shall no longer be an English |
| |
23| learner when he or she successfully demonstrates |
| |
24| |
| |
Req. No. 567 Page 6
___________________________________________________________________________
1| English language proficiency on an assessment |
| |
2| designated by the State Department of Education; |
| |
3| 17. "Special Education Summer Program" means those summer |
| |
4|school programs which school districts may provide for children who |
| |
5|are severely or profoundly multiple-handicapped if their |
| |
6|individualized education program states the need for a continuing |
| |
7|educational experience to prevent loss of educational achievement or |
| |
8|basic life skills. Any school district receiving funds for such |
| |
9|special education summer programs shall provide services as provided |
| |
10|in Section 13-101 of this title; and |
| |
11| 18. "Optional Extended School Year Program" means the program |
| |
12|defined in Section 1-109.1 of this title. |
| |
13| B. The State Board of Education is hereby authorized to modify |
| |
14|and redefine by rule the definitions set out in this section |
| |
15|whenever such modification is required to receive federal assistance |
| |
16|therefor. |
| |
17| SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-200.1, as |
| |
18|last amended by Section 2, Chapter 488, O.S.L. 2021, is amended to |
| |
19|read as follows: |
| |
20| Section 18-200.1. A. Beginning with the 2022-2023 school year, |
| |
21|and each school year thereafter, each school district shall have its |
| |
22|initial allocation of State Aid calculated based on the state |
| |
23|dedicated revenues actually collected during the preceding fiscal |
| |
24|year, the adjusted assessed valuation of the preceding year, and the |
| |
Req. No. 567 Page 7
___________________________________________________________________________
1|weighted average daily membership for the school district of the |
| |
2|preceding school year. Each school district shall submit the |
| |
3|following data based on the first nine (9) weeks, to be used in the |
| |
4|calculation of the average daily membership of the school district: |
| |
5| 1. Student enrollment by grade level; |
| |
6| 2. Pupil category counts; and |
| |
7| 3. Transportation supplement data. |
| |
8| On or before December 30, the State Department of Education |
| |
9|shall determine each school district's current year allocation |
| |
10|pursuant to subsection D of this section. The State Department of |
| |
11|Education shall complete an audit, using procedures established by |
| |
12|the Department, of the student enrollment by grade level data, pupil |
| |
13|category counts, and transportation supplement data to be used in |
| |
14|the State Aid Formula pursuant to subsection D of this section by |
| |
15|December 1 and by January 15 shall notify each school district of |
| |
16|the district's final State Aid allocation for the current school |
| |
17|year. The January payment of State Aid and each subsequent payment |
| |
18|for the remainder of the school year shall be based on the final |
| |
19|State Aid allocation as calculated in subsection D of this section. |
| |
20|Except for reductions made due to the assessment of penalties by the |
| |
21|State Department of Education according to law, the January payment |
| |
22|of State Aid and each subsequent payment for the remainder of the |
| |
23|school year shall not decrease by an amount more than the amount |
| |
24|that the current chargeable revenue increases for that district. |
| |
Req. No. 567 Page 8
___________________________________________________________________________
1| B. The State Department of Education shall retain not less than |
| |
2|one and one-half percent (1 1/2%) of the total funds appropriated |
| |
3|for financial support of schools, to be used to make midyear |
| |
4|adjustments in State Aid and which shall be reflected in the final |
| |
5|allocations. If the amount of appropriated funds, including the one |
| |
6|and one-half percent (1 1/2%) retained, remaining after January 1 of |
| |
7|each year is not sufficient to fully fund the final allocations, the |
| |
8|Department shall recalculate each school district's remaining |
| |
9|allocation pursuant to subsection D of this section using the |
| |
10|reduced amount of appropriated funds. |
| |
11| C. On and after July 1, 1997, the amount of State Aid each |
| |
12|district shall receive shall be the sum of the Foundation Aid, the |
| |
13|Salary Incentive Aid, and the Transportation Supplement, as adjusted |
| |
14|pursuant to the provisions of subsection G of this section and |
| |
15|Section 18-112.2 of this title; provided, no district having per |
| |
16|pupil revenue in excess of three hundred percent (300%) of the |
| |
17|average per pupil revenue of all districts shall receive any State |
| |
18|Aid or Supplement in State Aid. |
| |
19| The July calculation of per pupil revenue shall be determined by |
| |
20|dividing the district's second preceding year's total weighted |
| |
21|average daily membership (ADM) into the district's preceding year's |
| |
22|total revenues excluding federal revenue, insurance loss payments, |
| |
23|reimbursements, recovery of overpayments and refunds, unused |
| |
24| |
| |
Req. No. 567 Page 9
___________________________________________________________________________
1|reserves, prior expenditures recovered, prior year surpluses, and |
| |
2|less the amount of any transfer fees paid in that year. |
| |
3| The December calculation of per pupil revenue shall be |
| |
4|determined by dividing the district's preceding year's total |
| |
5|weighted average daily membership (ADM) into the district's |
| |
6|preceding year's total revenues excluding federal revenue, insurance |
| |
7|loss payments, reimbursements, recovery of overpayments and refunds, |
| |
8|unused reserves, prior expenditures recovered, prior year surpluses, |
| |
9|and less the amount of any transfer fees paid in that year. |
| |
10| D. For the 1997-98 school year, and each school year |
| |
11|thereafter, Foundation Aid, the Transportation Supplement, and |
| |
12|Salary Incentive Aid shall be calculated as follows: |
| |
13| 1. Foundation Aid shall be determined by subtracting the amount |
| |
14|of the Foundation Program Income from the cost of the Foundation |
| |
15|Program and adding to this difference the Transportation Supplement. |
| |
16| a. The Foundation Program shall be a district's higher |
| |
17| weighted average daily membership based on the first |
| |
18| nine (9) weeks of the current school year or the |
| |
19| preceding school year of a school district, as |
| |
20| determined by the provisions of subsection A of |
| |
21| Section 18-201.1 of this title and paragraphs 1, 2, 3, |
| |
22| and 4 of subsection B of Section 18-201.1 of this |
| |
23| title, multiplied by the Base Foundation Support |
| |
24| Level. However, for the portion of weighted |
| |
Req. No. 567 Page 10
___________________________________________________________________________
1| membership derived from nonresident, transferred |
| |
2| pupils enrolled in online courses, the Foundation |
| |
3| Program shall be a district's weighted average daily |
| |
4| membership of the preceding school year or the first |
| |
5| nine (9) weeks of the current school year, whichever |
| |
6| is greater, as determined by the provisions of |
| |
7| subsection A of Section 18-201.1 of this title and |
| |
8| paragraphs 1, 2, 3, and 4 of subsection B of Section |
| |
9| 18-201.1 of this title, multiplied by the Base |
| |
10| Foundation Support Level. |
| |
11| b. The Foundation Program Income shall be the sum of the |
| |
12| following: |
| |
13| (1) The adjusted assessed valuation of the current |
| |
14| school year of the school district, minus the |
| |
15| previous year protested ad valorem tax revenues |
| |
16| held as prescribed in Section 2884 of Title 68 of |
| |
17| the Oklahoma Statutes, multiplied by the mills |
| |
18| levied pursuant to subsection (c) of Section 9 of |
| |
19| Article X of the Oklahoma Constitution, if |
| |
20| applicable, as adjusted in subsection (c) of |
| |
21| Section 8A of Article X of the Oklahoma |
| |
22| Constitution. For purposes of this subsection, |
| |
23| the "adjusted assessed valuation of the current |
| |
24| school year" shall be the adjusted assessed |
| |
Req. No. 567 Page 11
___________________________________________________________________________
1| valuation on which tax revenues are collected |
| |
2| during the current school year, and |
| |
3| (2) Seventy-five percent (75%) of the amount received |
| |
4| by the school district from the proceeds of the |
| |
5| county levy during the preceding fiscal year, as |
| |
6| levied pursuant to subsection (b) of Section 9 of |
| |
7| Article X of the Oklahoma Constitution, and |
| |
8| (3) Motor Vehicle Collections motor vehicle |
| |
9| collections, and |
| |
10| (4) Gross Production Tax gross production tax, and |
| |
11| (5) State Apportionment state apportionment, and |
| |
12| (6) R.E.A. Tax tax. |
| |
13| The items listed in divisions (3), (4), (5), and (6) |
| |
14| of this subparagraph shall consist of the amounts |
| |
15| actually collected from such sources during the |
| |
16| preceding fiscal year calculated on a per capita basis |
| |
17| on the unit provided for by law for the distribution |
| |
18| of each such revenue. |
| |
19| 2. The Transportation Supplement shall be equal to the average |
| |
20|daily haul times the per capita allowance times the appropriate |
| |
21|transportation factor. |
| |
22| a. The average daily haul shall be the number of children |
| |
23| in a district who are legally transported and who live |
| |
24| one and one-half (1 1/2) miles or more from school. |
| |
Req. No. 567 Page 12
___________________________________________________________________________
1| b. The per capita allowance shall be determined using the |
| |
2| following chart: |
| |
3| PER CAPITA PER CAPITA |
| |
4| |
| |
5|DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE |
| |
6|.3000 - .3083 $167.00 .9334 - .9599 $99.00 |
| |
7|.3084 - .3249 $165.00 .9600 - .9866 $97.00 |
| |
8|.3250 - .3416 $163.00 .9867 - 1.1071 $95.00 |
| |
9|.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00 |
| |
10|.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00 |
| |
11|.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00 |
| |
12|.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00 |
| |
13|.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00 |
| |
14|.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00 |
| |
15|.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00 |
| |
16|.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00 |
| |
17|.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00 |
| |
18|.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00 |
| |
19|.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00 |
| |
20|.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00 |
| |
21|.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00 |
| |
22|.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00 |
| |
23|.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00 |
| |
24|.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00 |
| |
Req. No. 567 Page 13
___________________________________________________________________________
1|.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00 |
| |
2|.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00 |
| |
3|.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00 |
| |
4|.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00 |
| |
5|.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00 |
| |
6|.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00 |
| |
7|.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00 |
| |
8|.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00 |
| |
9|.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00 |
| |
10|.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00 |
| |
11|.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00 |
| |
12|.9067 - .9333 $101.00 9.6668 or more $33.00 |
| |
13| c. The formula transportation factor shall be 1.39 2.0. |
| |
14| 3. Salary Incentive Aid shall be determined as follows: |
| |
15| a. Multiply the Incentive Aid guarantee by the district's |
| |
16| higher weighted average daily membership based on the |
| |
17| first nine (9) weeks of the current school year or the |
| |
18| preceding school year of a school district, as |
| |
19| determined by the provisions of subsection A of |
| |
20| Section 18-201.1 of this title and paragraphs 1, 2, 3, |
| |
21| and 4 of subsection B of Section 18-201.1 of this |
| |
22| title. |
| |
23| b. Divide the district's adjusted assessed valuation of |
| |
24| the current school year minus the previous year's |
| |
Req. No. 567 Page 14
___________________________________________________________________________
1| protested ad valorem tax revenues held as prescribed |
| |
2| in Section 2884 of Title 68 of the Oklahoma Statutes, |
| |
3| by one thousand (1,000) and subtract the quotient from |
| |
4| the product of subparagraph a of this paragraph. The |
| |
5| remainder shall not be less than zero (0). |
| |
6| c. Multiply the number of mills levied for general fund |
| |
7| purposes above the fifteen (15) mills required to |
| |
8| support Foundation Aid pursuant to division (1) of |
| |
9| subparagraph b of paragraph 1 of this subsection, not |
| |
10| including the county four-mill levy, by the remainder |
| |
11| of subparagraph b of this paragraph. The product |
| |
12| shall be the Salary Incentive Aid of the district. |
| |
13| E. By June 30, 1998, the State Department of Education shall |
| |
14|develop and the Department and all school districts shall have |
| |
15|implemented a student identification system which is consistent with |
| |
16|the provisions of subsections C and D of Section 3111 of Title 74 of |
| |
17|the Oklahoma Statutes. The student identification system shall be |
| |
18|used specifically for the purpose of reporting enrollment data by |
| |
19|school sites and by school districts, the administration of the |
| |
20|Oklahoma School Testing Program Act, the collection of appropriate |
| |
21|and necessary data pursuant to the Oklahoma Educational Indicators |
| |
22|Program, determining student enrollment, establishing a student |
| |
23|mobility rate, allocation of the State Aid Formula, and midyear |
| |
24|adjustments in funding for student growth. This enrollment data |
| |
Req. No. 567 Page 15
___________________________________________________________________________
1|shall be submitted to the State Department of Education in |
| |
2|accordance with rules promulgated by the State Board of Education. |
| |
3|Funding for the development, implementation, personnel training, and |
| |
4|maintenance of the student identification system shall be set out in |
| |
5|a separate line item in the allocation section of the appropriation |
| |
6|bill for the State Board of Education for each year. |
| |
7| F. 1. In the event that ad valorem taxes of a school district |
| |
8|are determined to be uncollectible because of bankruptcy, clerical |
| |
9|error, or a successful tax protest, and the amount of such taxes |
| |
10|deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or |
| |
11|an amount greater than twenty-five percent (25%) of ad valorem taxes |
| |
12|per tax year, or the valuation of a district is lowered by order of |
| |
13|the State Board of Equalization, the school district's State Aid, |
| |
14|for the school year that such ad valorem taxes are calculated in the |
| |
15|State Aid Formula, shall be determined by subtracting the net |
| |
16|assessed valuation of the property upon which taxes were deemed |
| |
17|uncollectible from the assessed valuation of the school district and |
| |
18|the state. Upon request of the local board of education, it shall |
| |
19|be the duty of the county assessor to certify to the Director of |
| |
20|Finance of the State Department of Education the net assessed |
| |
21|valuation of the property upon which taxes were determined |
| |
22|uncollectible. |
| |
23| 2. In the event that the amount of funds a school district |
| |
24|receives for reimbursement from the Ad Valorem Reimbursement Fund is |
| |
Req. No. 567 Page 16
___________________________________________________________________________
1|less than the amount of funds claimed for reimbursement by the |
| |
2|school district due to insufficiency of funds as provided in Section |
| |
3|193 of Title 62 of the Oklahoma Statutes, then the school district's |
| |
4|assessed valuation for the school year that such ad valorem |
| |
5|reimbursement is calculated in the State Aid Formula shall be |
| |
6|adjusted accordingly. |
| |
7| G. 1. Notwithstanding the provisions of Section 18-112.2 of |
| |
8|this title, a school district shall have its State Aid reduced by an |
| |
9|amount equal to the amount of carryover in the general fund of the |
| |
10|district as of June 30 of the preceding fiscal year, that is in |
| |
11|excess of the following standards for two (2) consecutive years: |
| |
12| Total Amount of Amount of |
| |
13| General Fund Collections, General Fund |
| |
14| Excluding Previous Year Balance |
| |
15| Cash Surplus as of June 30 Allowable |
| |
16| Less than $1,000,000 48% |
| |
17| $1,000,000 - $2,999,999 42% |
| |
18| $3,000,000 - $3,999,999 36% |
| |
19| $4,000,000 - $4,999,999 30% |
| |
20| $5,000,000 - $5,999,999 24% |
| |
21| $6,000,000 - $7,999,999 22% |
| |
22| $8,000,000 - $9,999,999 19% |
| |
23| $10,000,000 or more 17% |
| |
24| |
| |
Req. No. 567 Page 17
___________________________________________________________________________
1| 2. By February 1 the State Department of Education shall send |
| |
2|by certified mail, with return receipt requested, to each School |
| |
3|District Superintendent school district superintendent, Auditor |
| |
4|auditor, and Regional Accreditation Officer regional accreditation |
| |
5|officer a notice of and calculation sheet reflecting the general |
| |
6|fund balance penalty to be assessed against that school district. |
| |
7|Calculation of the general fund balance penalty shall not include |
| |
8|federal revenue. Within thirty (30) days of receipt of this written |
| |
9|notice the school district shall submit to the Department a written |
| |
10|reply either accepting or protesting the penalty to be assessed |
| |
11|against the district. If protesting, the school district shall |
| |
12|submit with its reply the reasons for rejecting the calculations and |
| |
13|documentation supporting those reasons. The Department shall review |
| |
14|all school district penalty protest documentation and notify each |
| |
15|district by March 15 of its finding and the final penalty to be |
| |
16|assessed to each district. General fund balance penalties shall be |
| |
17|assessed to all school districts by April 1. |
| |
18| 3. Any school district which receives proceeds from a tax |
| |
19|settlement or a Federal Emergency Management Agency settlement |
| |
20|during the last two (2) months of the preceding fiscal year shall be |
| |
21|exempt from the penalties assessed in this subsection, if the |
| |
22|penalty would occur solely as a result of receiving funds from the |
| |
23|tax settlement. |
| |
24| |
| |
Req. No. 567 Page 18
___________________________________________________________________________
1| 4. Any school district which receives an increase in State Aid |
| |
2|because of a change in Foundation and/or Salary Incentive Aid |
| |
3|factors during the last two (2) months of the preceding fiscal year |
| |
4|shall be exempt from the penalties assessed in this subsection, if |
| |
5|the penalty would occur solely as a result of receiving funds from |
| |
6|the increase in State Aid. |
| |
7| 5. If a school district does not receive Foundation and/or |
| |
8|Salary Incentive Aid during the preceding fiscal year, the State |
| |
9|Board of Education may waive the penalty assessed in this subsection |
| |
10|if the penalty would result in a loss of more than forty percent |
| |
11|(40%) of the remaining State Aid to be allocated to the school |
| |
12|district between April 1 and the remainder of the school year and if |
| |
13|the Board determines the penalty will cause the school district not |
| |
14|to meet remaining financial obligations. |
| |
15| 6. Any school district which receives gross production revenue |
| |
16|apportionment during the 2002-2003 school year or in any subsequent |
| |
17|school year that is greater than the gross production revenue |
| |
18|apportionment of the preceding school year shall be exempt from the |
| |
19|penalty assessed in this subsection, if the penalty would occur |
| |
20|solely as a result of the gross production revenue apportionment, as |
| |
21|determined by the State Board of Education. |
| |
22| 7. Beginning July 1, 2003, school districts that participate in |
| |
23|consolidation or annexation pursuant to the provisions of the |
| |
24|Oklahoma School Voluntary Consolidation and Annexation Act shall be |
| |
Req. No. 567 Page 19
___________________________________________________________________________
1|exempt from the penalty assessed in this subsection for the school |
| |
2|year in which the consolidation or annexation occurs and for the |
| |
3|next three (3) fiscal years. |
| |
4| 8. Any school district which receives proceeds from a sales tax |
| |
5|levied by a municipality pursuant to Section 22-159 of Title 11 of |
| |
6|the Oklahoma Statutes or proceeds from a sales tax levied by a |
| |
7|county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes |
| |
8|during the 2003-2004 school year or the 2004-2005 school year shall |
| |
9|be exempt from the penalties assessed in this subsection, if the |
| |
10|penalty would occur solely as a result of receiving funds from the |
| |
11|sales tax levy. |
| |
12| 9. Any school district which has an amount of carryover in the |
| |
13|general fund of the district in excess of the limits established in |
| |
14|paragraph 1 of this subsection during the fiscal years beginning |
| |
15|July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall |
| |
16|not be assessed a general fund balance penalty as provided for in |
| |
17|this subsection. |
| |
18| 10. For purposes of calculating the general fund balance |
| |
19|penalty, the terms "carryover" and "general fund balance" shall not |
| |
20|include federal revenue. |
| |
21| H. In order to provide startup funds for the implementation of |
| |
22|early childhood programs, State Aid may be advanced to school |
| |
23|districts that initially start early childhood instruction at a |
| |
24|school site. School districts that desire such advanced funding |
| |
Req. No. 567 Page 20
___________________________________________________________________________
1|shall make application to the State Department of Education no later |
| |
2|than September 15 of each year and advanced funding shall be awarded |
| |
3|to the approved districts no later than October 30. The advanced |
| |
4|funding shall not exceed the per pupil amount of State Aid as |
| |
5|calculated in subsection D of this section per anticipated Head |
| |
6|Start eligible student. The total amount of advanced funding shall |
| |
7|be proportionately reduced from the monthly payments of the |
| |
8|district's State Aid payments during the last six (6) months of the |
| |
9|same fiscal year. |
| |
10| I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission, |
| |
11|notwithstanding any provision of law to the contrary, shall report |
| |
12|monthly to the State Department of Education the monthly |
| |
13|apportionment of the following information: |
| |
14| a. the assessed valuation of property, |
| |
15| b. motor vehicle collections, |
| |
16| c. R.E.A. tax collected, and |
| |
17| d. gross productions tax collected. |
| |
18| 2. Beginning July 1, 1997, the State Auditor and Inspector's |
| |
19|Office, notwithstanding any provision of law to the contrary, shall |
| |
20|report monthly to the State Department of Education the monthly |
| |
21|apportionment of the proceeds of the county levy. |
| |
22| 3. Beginning July 1, 1996, the Commissioners of the Land |
| |
23|Office, notwithstanding any provision of law to the contrary, shall |
| |
24| |
| |
Req. No. 567 Page 21
___________________________________________________________________________
1|report monthly to the State Department of Education the monthly |
| |
2|apportionment of state apportionment. |
| |
3| 4. Beginning July 1, 1997, the county treasurers' offices, |
| |
4|notwithstanding any provision of law to the contrary, shall report |
| |
5|monthly to the State Department of Education the ad valorem tax |
| |
6|protest amounts for each county. |
| |
7| 5. The information reported by the Tax Commission, the State |
| |
8|Auditor and Inspector's Office, the county treasurers' offices, and |
| |
9|the Commissioners of the Land Office, pursuant to this subsection |
| |
10|shall be reported by school district on forms developed by the State |
| |
11|Department of Education. |
| |
12| SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-201.1, is |
| |
13|amended to read as follows: |
| |
14| Section 18-201.1. A. Beginning with the 2020-21 school year, |
| |
15|and each school year thereafter, the weighted membership of a school |
| |
16|district for calculation of Foundation Aid purposes pursuant to |
| |
17|paragraph 1 of subsection D of Section 18-200.1 of this title shall |
| |
18|be the sum of the weighted pupil grade level calculation, the |
| |
19|weighted pupil category calculation, the weighted district |
| |
20|calculation, and the weighted teacher experience and degree |
| |
21|calculation. The weighted membership of a school district for |
| |
22|calculation of Salary Incentive Aid purposes pursuant to paragraph 3 |
| |
23|of subsection D of Section 18-200.1 of this title shall be the sum |
| |
24|of the weighted pupil grade level calculation, the weighted pupil |
| |
Req. No. 567 Page 22
___________________________________________________________________________
1|category calculation, the weighted district calculation, and the |
| |
2|weighted teacher experience and degree calculation. |
| |
3| B. Beginning with the 2022-2023 school year, the weighted |
| |
4|calculations provided for in subsection A of this section shall be |
| |
5|based on the higher weighted average daily membership of the first |
| |
6|nine (9) weeks of the current school year or the preceding school |
| |
7|year of a school district, unless otherwise specified. The higher |
| |
8|of the two (2) weighted average daily memberships shall be used |
| |
9|consistently in all of the calculations; however, the weighted |
| |
10|calculation for a statewide virtual charter school experiencing a |
| |
11|significant decline in membership shall be based on the first nine |
| |
12|(9) weeks of the current school year for the statewide virtual |
| |
13|charter school. For purposes of this subsection, "significant |
| |
14|decline in membership" means equal to or greater than a fifteen |
| |
15|percent (15%) decrease in average daily membership from the |
| |
16|preceding school year to the average daily membership of the first |
| |
17|nine (9) weeks of the current school year. The average daily |
| |
18|membership data used for all calculations in paragraphs 1, 2, 3, and |
| |
19|4 of this subsection shall be the same as used in the calculation of |
| |
20|the State Aid Formula. The weighted calculations provided for in |
| |
21|subsection A of this section shall be determined as follows: |
| |
22| 1. The weighted pupil grade level calculation shall be |
| |
23|determined by taking the highest average daily membership and |
| |
24| |
| |
Req. No. 567 Page 23
___________________________________________________________________________
1|assigning weights to the pupils according to grade attended as |
| |
2|follows: |
| |
3| GRADE LEVEL WEIGHT |
| |
4| a. Half-day early childhood programs .7 1 |
| |
5| b. Full-day early childhood programs 1.3 1 |
| |
6| c. Half-day kindergarten 1.3 1.5 |
| |
7| d. Full-day kindergarten 1.5 |
| |
8| e. First and second grade 1.351 |
| |
9| f. Third through third grade 1.051 1.5 |
| |
10| g. f. Fourth through sixth grade 1.0 |
| |
11| h. Seventh through twelfth grade 1.2 1.0 |
| |
12| i. g. Out-of-home placement 1.50 |
| |
13| Multiply the membership of each subparagraph of this paragraph |
| |
14|by the weight assigned to such subparagraph of this paragraph and |
| |
15|add the totals together to determine the weighted pupil grade level |
| |
16|calculation for a school district. Determination of the pupils |
| |
17|eligible for the early childhood program weight shall be pursuant to |
| |
18|the provisions of Section 1-114 of this title. The pupils eligible |
| |
19|for the out-of-home placement pupil weight shall be students who are |
| |
20|not residents of the school district in which they are receiving |
| |
21|education pursuant to the provisions of subsection D of Section |
| |
22|1-113 of this title. Such weight may be claimed by the district |
| |
23|providing educational services to such student for the days that |
| |
24|student is enrolled in that district. If claimed, the out-of-home |
| |
Req. No. 567 Page 24
___________________________________________________________________________
1|placement weight shall be in lieu of the pupil grade level and any |
| |
2|pupil category weights for that student. Provided, if a student |
| |
3|resides in a juvenile detention center that is restricted to less |
| |
4|than twelve (12) beds, the out-of-home placement pupil weight for |
| |
5|such students shall be calculated as follows: for a center with six |
| |
6|(6) beds - 3.0; for a center with eight (8) beds - 2.3; and for a |
| |
7|center with ten (10) beds - 1.80. |
| |
8| 2. The weighted pupil category calculation shall be determined |
| |
9|by assigning a weight to the pupil category as follows: |
| |
10| CATEGORY WEIGHT |
| |
11| a. Visual Impairment 3.8 4.0 |
| |
12| b. Specific Learning Disability .4 .5 |
| |
13| c. Deafness or Hearing Impairment 2.9 3.0 |
| |
14| d. Deaf-Blindness 3.8 4.0 |
| |
15| e. Intellectual Disability 1.3 1.5 |
| |
16| f. Emotional Disturbance 2.5 |
| |
17| g. Gifted .34 .35 |
| |
18| h. Multiple Disabilities 2.4 2.5 |
| |
19| i. Orthopedic Impairment 1.2 1.25 |
| |
20| j. Speech or Language Impairment .05 .1 |
| |
21| k. Bilingual English learner .25 |
| |
22| l. Special Education Summer Program 1.2 1.25 |
| |
23| m. Economically Disadvantaged .25 .5 |
| |
24| |
| |
Req. No. 567 Page 25
___________________________________________________________________________
1| n. Optional Extended School Year |
| |
2| Program As determined by |
| |
3| the State Board |
| |
4| of Education |
| |
5| o. Autism 2.4 2.5 |
| |
6| p. Traumatic Brain Injury 2.4 2.5 |
| |
7| q. Other Health Impairment 1.2 1.25 |
| |
8| Except as otherwise provided, multiply the number of pupils |
| |
9|approved in the school year with the highest average daily |
| |
10|membership in each category by the weight assigned to such category |
| |
11|and add the totals together to determine the weighted pupil category |
| |
12|calculation for a school district. For the 1997-98 school year and |
| |
13|subsequent school years, the number to be multiplied by the weight |
| |
14|assigned to the gifted category in subparagraph g of this paragraph |
| |
15|shall be the lesser of (1) the sum of the number of students who |
| |
16|scored in the top three percent (3%) on any national standardized |
| |
17|test of intellectual ability plus the number of students identified |
| |
18|as gifted pursuant to subparagraphs a through d of paragraph 1 of |
| |
19|Section 1210.301 of this title, or (2) the sum of the number of |
| |
20|students who scored in the top three percent (3%) on any national |
| |
21|standardized test of intellectual ability plus eight percent (8%) of |
| |
22|the total average daily membership of the school district for the |
| |
23|first nine (9) weeks of the school year. |
| |
24| |
| |
Req. No. 567 Page 26
___________________________________________________________________________
1| 3. The weighted district calculation shall be determined by |
| |
2|determining the calculations for each school district for both the |
| |
3|small school district formula and the district sparsity - isolation |
| |
4|formula, applying whichever is the greater of the calculations of |
| |
5|the two formulas and then applying the restrictions pursuant to |
| |
6|subparagraph c of this paragraph. |
| |
7| a. Small school district formula: 529 minus the average |
| |
8| daily membership divided by 529 times .2 times total |
| |
9| average daily membership. |
| |
10| The small school district formula calculation shall apply |
| |
11| only to school districts whose highest average daily |
| |
12| membership is less than 529 pupils. School districts which |
| |
13| are consolidated or annexed after July 1, 2003, pursuant to |
| |
14| the Oklahoma School Voluntary Consolidation and Annexation |
| |
15| Act shall have the weighted district size calculation for |
| |
16| the three (3) school years following the fiscal year in |
| |
17| which such consolidation occurred calculated to be the sum |
| |
18| of the individual consolidated districts computed as if the |
| |
19| consolidation had not taken place. Thereafter, any such |
| |
20| district which is consolidated pursuant to the Oklahoma |
| |
21| School Voluntary Consolidation and Annexation Act shall not |
| |
22| qualify for the weighted district calculation unless the |
| |
23| district can satisfy the specifications herein. Subject to |
| |
24| the provisions of subparagraph c of this paragraph, the |
| |
Req. No. 567 Page 27
___________________________________________________________________________
1| resulting number shall be counted as additional students |
| |
2| for the purpose of calculating State Aid. |
| |
3| b. District sparsity - isolation formula: |
| |
4| The district sparsity - isolation formula calculation shall |
| |
5| apply only to school districts: |
| |
6| (1) whose total area in square miles is greater than |
| |
7| the average number of square miles for all school |
| |
8| districts in this state; and |
| |
9| (2) whose areal density is less than one-fourth (1/4) |
| |
10| of the state average areal density. Areal |
| |
11| density shall be determined by dividing the |
| |
12| school district's average daily membership by the |
| |
13| school district's total area in square miles. |
| |
14| The district sparsity - isolation formula calculation shall |
| |
15| be calculated as follows: |
| |
16| The school district student cost factor multiplied by |
| |
17| the school district area factor. The resulting |
| |
18| product shall be multiplied by the school district's |
| |
19| average daily membership. Subject to the provisions |
| |
20| of subparagraph c of this paragraph, the resulting |
| |
21| number shall be counted as additional students for the |
| |
22| purpose of calculating State Aid. |
| |
23| The school district student cost factor shall be calculated |
| |
24| as follows: |
| |
Req. No. 567 Page 28
___________________________________________________________________________
1| The school district's average daily membership shall |
| |
2| be categorized into the following grade level groups |
| |
3| and applied to the appropriate formulas as computed |
| |
4| below: |
| |
5| Grade Level Group |
| |
6| Grades K-5 Divide 74 by the sum of the Grade |
| |
7| Level ADM plus 23, |
| |
8| add .85 to the quotient, then |
| |
9| multiply the sum by the Grade |
| |
10| Level ADM. |
| |
11| Grades 6-8 Divide 122 by the sum of the Grade |
| |
12| Level ADM plus 133, |
| |
13| add .85 to the quotient, then |
| |
14| multiply the sum by the Grade |
| |
15| Level ADM. |
| |
16| Grades 9-12 Divide 292 by the sum of the Grade |
| |
17| Level ADM plus 128, |
| |
18| add .78 to the quotient, then |
| |
19| multiply the sum by the Grade |
| |
20| Level ADM. |
| |
21| The sum of the grade level group's average daily |
| |
22| membership shall be divided by the school district's |
| |
23| average daily membership. The number one (1.0) shall |
| |
24| be subtracted from the resulting quotient. |
| |
Req. No. 567 Page 29
___________________________________________________________________________
1| The school district area cost factor shall be calculated as |
| |
2| follows: |
| |
3| Subtract the state average district area from the |
| |
4| district area, then divide the remainder by the state |
| |
5| average district area; |
| |
6| however, the district area cost factor shall not exceed one |
| |
7| (1.0). |
| |
8| The State Board of Education shall define geographical barriers |
| |
9|whose location in a school district would inhibit the district from |
| |
10|consolidation or annexation. The Board shall make available an |
| |
11|application process, review applications, and for districts the |
| |
12|Board deems necessary allow additional square miles to be used for |
| |
13|the purposes of calculations used for the weighted district sparsity |
| |
14|- isolation formula. Provided, that the additional square miles |
| |
15|allowed for geographical barriers shall not exceed thirty percent |
| |
16|(30%) of the district's actual size. |
| |
17| c. State Aid funds which a district is calculated to |
| |
18| receive as a result of the weighted district |
| |
19| calculation shall be restricted as follows: |
| |
20| If, after the weighted district calculation is |
| |
21| applied, the district's projected per pupil |
| |
22| revenue exceeds one hundred fifty percent (150%) |
| |
23| of the projected state average per pupil revenue, |
| |
24| then the district's State Aid shall be reduced by |
| |
Req. No. 567 Page 30
___________________________________________________________________________
1| an amount that will restrict the district's |
| |
2| projected per pupil revenue to one hundred fifty |
| |
3| percent (150%) of the projected state average per |
| |
4| pupil revenue. Provided, in applying the |
| |
5| restriction provided in this division, the |
| |
6| district's State Aid shall not be reduced by an |
| |
7| amount greater than by the amount of State Aid |
| |
8| which was generated by the weighted district |
| |
9| calculation. |
| |
10| The July calculation of the projected per pupil |
| |
11| revenue shall be determined by dividing the district's |
| |
12| preceding year's average daily membership (ADM) as |
| |
13| weighted by the pupil grade level, the pupil category, |
| |
14| the district and the teacher experience degree index |
| |
15| calculations for projected State Aid into the |
| |
16| district's projected total revenues including |
| |
17| projected funds for the State Aid Formula for the |
| |
18| preceding year, net assessed valuation for the |
| |
19| preceding calendar year times thirty-nine (39) mills, |
| |
20| county revenues excluding the county four-mills |
| |
21| revenues for the second preceding year, other state |
| |
22| appropriations for the preceding year, and the |
| |
23| collections for the preceding year of state |
| |
24| |
| |
Req. No. 567 Page 31
___________________________________________________________________________
1| apportionment, motor vehicle revenue, gross production |
| |
2| tax, and R.E.A. tax. |
| |
3| The December calculation of the projected per pupil |
| |
4| revenue shall be determined by dividing the higher of |
| |
5| the district's first nine (9) weeks of the current |
| |
6| school year or the preceding school year's average |
| |
7| daily membership (ADM) as weighted by the pupil grade |
| |
8| level, the pupil category, the district and the |
| |
9| teacher experience degree index calculations for |
| |
10| projected State Aid into the district's projected |
| |
11| total revenues including funds for the December |
| |
12| calculation of the current year State Aid Formula, net |
| |
13| assessed valuation for the current calendar year times |
| |
14| thirty-nine (39) mills, county revenues excluding the |
| |
15| county four-mills revenue for the preceding year, |
| |
16| other state appropriations for the preceding year, and |
| |
17| the collections for the preceding year of state |
| |
18| apportionment, motor vehicle revenue, gross production |
| |
19| tax, and R.E.A. tax. |
| |
20| The district's projected total revenues for each |
| |
21| calculation shall exclude the following collections |
| |
22| for the second preceding year: federal revenue, |
| |
23| insurance loss payments, reimbursements, recovery of |
| |
24| overpayments and refunds, unused reserves, prior |
| |
Req. No. 567 Page 32
___________________________________________________________________________
1| expenditures recovered, prior year surpluses, and |
| |
2| other local miscellaneous revenues. |
| |
3| 4. The weighted teacher experience and degree calculation shall |
| |
4|be determined in accordance with the teacher experience and degree |
| |
5|index. The State Department of Education shall determine an index |
| |
6|for each state teacher by using data supplied in the school |
| |
7|district's teacher personnel reports of the preceding year and |
| |
8|utilizing the index as follows: |
| |
9| TEACHER EXPERIENCE - DEGREE INDEX |
| |
10|EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S |
| |
11| DEGREE DEGREE DEGREE |
| |
12|0 - 2 .7 .9 1.1 |
| |
13|3 - 5 .8 1.0 1.2 |
| |
14|6 - 8 .9 1.1 1.3 |
| |
15|9 - 11 1.0 1.2 1.4 |
| |
16|12 - 15 1.1 1.3 1.5 |
| |
17|Over 15 1.2 1.4 1.6 |
| |
18| The school district teacher index for each school district shall |
| |
19|be determined by subtracting the weighted average state teacher from |
| |
20|the weighted average district teacher. Multiply the school district |
| |
21|teacher index if greater than zero by .7 and then multiply that |
| |
22|product by the sum of the district's weighted pupil grade level |
| |
23|calculation provided in paragraph 1 of this subsection and the |
| |
24|weighted pupil category calculation provided in subparagraph m of |
| |
Req. No. 567 Page 33
___________________________________________________________________________
1|paragraph 2 of this subsection to determine the weighted teacher |
| |
2|experience and degree calculation. |
| |
3| SECTION 4. This act shall become effective July 1, 2023. |
| |
4| SECTION 5. It being immediately necessary for the preservation |
| |
5|of the public peace, health, or safety, an emergency is hereby |
| |
6|declared to exist, by reason whereof this act shall take effect and |
| |
7|be in full force from and after its passage and approval. |
| |
8| |
| |
9| 59-1-567 EB 1/17/2023 7:05:20 PM |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 567 Page 34