1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 709 By: Brooks | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to State Aid; amending 70 O.S. 2021, | | Section 18-201.1, which relates to weighted | 8| membership of a school district; directing certain | | districts to use certain funds for certain purpose; | 9| directing method to report expenditures; providing an | | effective date; and declaring an emergency. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-201.1, is | | | 14|amended to read as follows: | | | 15| Section 18-201.1. A. Beginning with the 2020-21 school year, | | | 16|and each school year thereafter, the weighted membership of a school | | | 17|district for calculation of Foundation Aid purposes pursuant to | | | 18|paragraph 1 of subsection D of Section 18-200.1 of this title shall | | | 19|be the sum of the weighted pupil grade level calculation, the | | | 20|weighted pupil category calculation, the weighted district | | | 21|calculation, and the weighted teacher experience and degree | | | 22|calculation. The weighted membership of a school district for | | | 23|calculation of Salary Incentive Aid purposes pursuant to paragraph 3 | | | 24|of subsection D of Section 18-200.1 of this title shall be the sum | | | Req. No. 1253 Page 1 ___________________________________________________________________________
1|of the weighted pupil grade level calculation, the weighted pupil | | | 2|category calculation, the weighted district calculation, and the | | | 3|weighted teacher experience and degree calculation. | | | 4| B. Beginning with the 2022-2023 school year, the weighted | | | 5|calculations provided for in subsection A of this section shall be | | | 6|based on the higher weighted average daily membership of the first | | | 7|nine (9) weeks of the current school year or the preceding school | | | 8|year of a school district, unless otherwise specified. The higher | | | 9|of the two (2) weighted average daily memberships shall be used | | | 10|consistently in all of the calculations; however, the weighted | | | 11|calculation for a statewide virtual charter school experiencing a | | | 12|significant decline in membership shall be based on the first nine | | | 13|(9) weeks of the current school year for the statewide virtual | | | 14|charter school. For purposes of this subsection, "significant | | | 15|decline in membership" means equal to or greater than a fifteen | | | 16|percent (15%) decrease in average daily membership from the | | | 17|preceding school year to the average daily membership of the first | | | 18|nine (9) weeks of the current school year. The average daily | | | 19|membership data used for all calculations in paragraphs 1, 2, 3, and | | | 20|4 of this subsection shall be the same as used in the calculation of | | | 21|the State Aid Formula. The weighted calculations provided for in | | | 22|subsection A of this section shall be determined as follows: | | | 23| | | | 24| | | | Req. No. 1253 Page 2 ___________________________________________________________________________
1| 1. The weighted pupil grade level calculation shall be | | | 2|determined by taking the highest average daily membership and | | | 3|assigning weights to the pupils according to grade attended as | | | 4|follows: | | | 5| GRADE LEVEL WEIGHT | | | 6| a. Half-day early childhood programs .7 | | | 7| b. Full-day early childhood programs 1.3 | | | 8| c. Half-day kindergarten 1.3 | | | 9| d. Full-day kindergarten 1.5 | | | 10| e. First and second grade 1.351 | | | 11| f. Third grade 1.051 | | | 12| g. Fourth through sixth grade 1.0 | | | 13| h. Seventh through twelfth grade 1.2 | | | 14| i. Out-of-home placement 1.50 | | | 15| Multiply the membership of each subparagraph of this paragraph | | | 16|by the weight assigned to such subparagraph of this paragraph and | | | 17|add the totals together to determine the weighted pupil grade level | | | 18|calculation for a school district. Determination of the pupils | | | 19|eligible for the early childhood program weight shall be pursuant to | | | 20|the provisions of Section 1-114 of this title. The pupils eligible | | | 21|for the out-of-home placement pupil weight shall be students who are | | | 22|not residents of the school district in which they are receiving | | | 23|education pursuant to the provisions of subsection D of Section | | | 24|1-113 of this title. Such weight may be claimed by the district | | | Req. No. 1253 Page 3 ___________________________________________________________________________
1|providing educational services to such student for the days that | | | 2|student is enrolled in that district. If claimed, the out-of-home | | | 3|placement weight shall be in lieu of the pupil grade level and any | | | 4|pupil category weights for that student. Provided, if a student | | | 5|resides in a juvenile detention center that is restricted to less | | | 6|than twelve (12) beds, the out-of-home placement pupil weight for | | | 7|such students shall be calculated as follows: for a center with six | | | 8|(6) beds - 3.0; for a center with eight (8) beds - 2.3; and for a | | | 9|center with ten (10) beds - 1.80. | | | 10| 2. The weighted pupil category calculation shall be determined | | | 11|by assigning a weight to the pupil category as follows: | | | 12| CATEGORY WEIGHT | | | 13| a. Visual Impairment 3.8 | | | 14| b. Specific Learning Disability .4 | | | 15| c. Deafness or Hearing Impairment 2.9 | | | 16| d. Deaf-Blindness 3.8 | | | 17| e. Intellectual Disability 1.3 | | | 18| f. Emotional Disturbance 2.5 | | | 19| g. Gifted .34 | | | 20| h. Multiple Disabilities 2.4 | | | 21| i. Orthopedic Impairment 1.2 | | | 22| j. Speech or Language Impairment .05 | | | 23| k. Bilingual .25 | | | 24| l. Special Education Summer Program 1.2 | | | Req. No. 1253 Page 4 ___________________________________________________________________________
1| m. Economically Disadvantaged .25 | | | 2| n. Optional Extended School Year | | | 3| Program As determined by | | | 4| the State Board | | | 5| of Education | | | 6| o. Autism 2.4 | | | 7| p. Traumatic Brain Injury 2.4 | | | 8| q. Other Health Impairment 1.2 | | | 9| Except as otherwise provided, multiply the number of pupils | | | 10|approved in the school year with the highest average daily | | | 11|membership in each category by the weight assigned to such category | | | 12|and add the totals together to determine the weighted pupil category | | | 13|calculation for a school district. For the 1997-98 school year and | | | 14|subsequent school years, the number to be multiplied by the weight | | | 15|assigned to the gifted category in subparagraph g of this paragraph | | | 16|shall be the lesser of (1) the sum of the number of students who | | | 17|scored in the top three percent (3%) on any national standardized | | | 18|test of intellectual ability plus the number of students identified | | | 19|as gifted pursuant to subparagraphs a through d of paragraph 1 of | | | 20|Section 1210.301 of this title, or (2) the sum of the number of | | | 21|students who scored in the top three percent (3%) on any national | | | 22|standardized test of intellectual ability plus eight percent (8%) of | | | 23|the total average daily membership of the school district for the | | | 24|first nine (9) weeks of the school year. | | | Req. No. 1253 Page 5 ___________________________________________________________________________
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 SchoolVoluntaryConsolidation 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| SchoolVoluntaryConsolidation 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. 1253 Page 6 ___________________________________________________________________________
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. 1253 Page 7 ___________________________________________________________________________
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. 1253 Page 8 ___________________________________________________________________________
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. 1253 Page 9 ___________________________________________________________________________
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. 1253 Page 10 ___________________________________________________________________________
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. 1253 Page 11 ___________________________________________________________________________
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. 1253 Page 12 ___________________________________________________________________________
1|paragraph 2 of this subsection to determine the weighted teacher | | | 2|experience and degree calculation. | | | 3| C. School districts that receive State Aid funds as a result of | | | 4|qualifying for the "bilingual" pupil category weight pursuant to | | | 5|subparagraph k of paragraph 2 of subsection B of this section shall | | | 6|use the funds to provide professional development for teachers who | | | 7|offer instruction in English as a second language. Expenditures | | | 8|shall be reported using the Oklahoma Cost Accounting System. | | | 9| SECTION 2. This act shall become effective July 1, 2023. | | | 10| SECTION 3. It being immediately necessary for the preservation | | | 11|of the public peace, health, or safety, an emergency is hereby | | | 12|declared to exist, by reason whereof this act shall take effect and | | | 13|be in full force from and after its passage and approval. | | | 14| | | | 15| 59-1-1253 EB 1/18/2023 3:28:08 PM | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 1253 Page 13