Oklahoma 2022 Regular Session

Oklahoma House Bill HB2078 Latest Draft

Bill / Enrolled Version Filed 03/31/2021

                            An Act 
ENROLLED HOUSE 
BILL NO. 2078 	By: Hilbert, Hasenbeck, Davis, 
Echols, O'Donnell and West 
(Tammy) of the House 
 
   and 
 
  Taylor of the Senate 
 
 
 
 
 
 
An Act relating to school funding; amending 70 O.S. 
2011, Sections 18-200.1, as amended by Section 1, 
Chapter 128, O.S.L. 2020 and 18 -201.1, as last 
amended by Section 3, Chapter 61, O.S.L. 2020 (70 
O.S. Supp. 2020, Sections 18 -200.1 and 18-201.1), 
which relate to State Aid; modifying calculation for 
initial allocation of State Aid; adjusting years of 
data to be used in calculating average daily 
membership; modifying the July calculation of per 
pupil revenue; revising calculation for Foundation 
Aid; altering calculation for Salary Incentive Aid; 
increasing percentages of allowable general fund 
carryover; prohibiti ng assessment of carryover 
penalty in certain fiscal years; adjusting weighted 
calculations for weighted average daily membership; 
revising July and December calculations for projected 
per pupil revenue; providing an effective date; and 
providing for conditional effect. 
 
 
 
 
SUBJECT: School funding 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 18 -200.1, as 
amended by Section 1, Chapter 128, O.S.L. 2020 (70 O.S. Supp. 2020, 
Section 18-200.1), is amended to read as follows: 
  ENR. H. B. NO. 2078 	Page 2 
Section 18-200.1  A.  Beginning with the 1997-98 2022-2023 
school year, and each school year thereafter, each school district 
shall have its initial allocation of State Aid calculated based on 
the state dedicated revenues actually collected during the preceding 
fiscal year, the adjusted assessed valuation of the preceding year 
and the highest weighted average daily membership for the school 
district of the two (2) preceding school years; however, the 
weighted membership of nonresident, transferred pupils enrolled in 
online courses shall be based on the weighted average daily 
membership of the preceding school year.  Each school district shall 
submit the following data based on the first nine (9) weeks, to be 
used in the calculation of the average daily membership of the 
school district: 
 
1.  Student enrollment by grade level; 
 
2.  Pupil category counts; and 
 
3.  Transportation supplement data. 
 
On or before December 30, the State Department of Education 
shall determine each school district's current year allocation 
pursuant to subsection D of this section.  The State Department of 
Education shall complete an audit, using procedures established by 
the Department, of the student enrollment by grade level data, pupil 
category counts and transportation supplement data to be used in the 
State Aid Formula pursuant to subsection D of this section by 
December 1 and by January 15 shall notify each school district of 
the district's final State Aid allocation for the current sc hool 
year.  The January payment of State Aid and each subsequent payment 
for the remainder of the school year shall be based on the final 
State Aid allocation as calculated in subsection D of this section.  
Except for reductions made due to the assessment of penalties by the 
State Department of Education according to law, the January payment 
of State Aid and each subsequent payment for the remainder of the 
school year shall not decrease by an amount more than the amount 
that the current chargeable revenue i ncreases for that district. 
 
B.  The State Department of Education shall retain not less than 
one and one-half percent (1 1/2%) of the total funds appropriated 
for financial support of schools, to be used to make midyear 
adjustments in State Aid and which shall be reflected in the final 
allocations.  If the amount of appropriated funds, including the one 
and one-half percent (1 1/2%) retained, remaining after January 1 of 
each year is not sufficient to fully fund the final allocations, the  ENR. H. B. NO. 2078 	Page 3 
Department shall recalculate each school district's remaining 
allocation pursuant to subsection D of this section using the 
reduced amount of appropriated funds. 
 
C.  On and after July 1, 1997, the amount of State Aid each 
district shall receive shall be the sum of the Fou ndation Aid, the 
Salary Incentive Aid and the Transportation Supplement, as adjusted 
pursuant to the provisions of subsection G of this section and 
Section 18-112.2 of this title; provided, no district having per 
pupil revenue in excess of three hundred pe rcent (300%) of the 
average per pupil revenue of all districts shall receive any State 
Aid or Supplement in State Aid. 
 
The July calculation of per pupil revenue shall be determined by 
dividing the district's second preceding year's total weighted 
average daily membership (ADM) into the district's second preceding 
year's total revenues excluding federal revenue, insurance loss 
payments, reimbursements, recovery of overpayments and refunds, 
unused reserves, prior expenditures recovered, prior year surpluses, 
and less the amount of any transfer fees paid in that year. 
 
The December calculation of per pupil revenue shall be 
determined by dividing the district's preceding year's total 
weighted average daily membership (ADM) into the district's 
preceding year's total revenues excluding federal revenue, insurance 
loss payments, reimbursements, recovery of overpayments and refunds, 
unused reserves, prior expenditures recovered, prior year surpluses, 
and less the amount of any transfer fees paid in that year. 
 
D.  For the 1997-98 school year, and each school year 
thereafter, Foundation Aid, the Transportation Supplement and Salary 
Incentive Aid shall be calculated as follows: 
 
1.  Foundation Aid shall be determined by subtracting the amount 
of the Foundation Program I ncome from the cost of the Foundation 
Program and adding to this difference the Transportation Supplement. 
 
a. The Foundation Program shall be a district's highest 
higher weighted average daily membership based on the 
first nine (9) weeks of the current sc hool year, the 
preceding school year or the second or the preceding 
school year of a school district, as determined by the 
provisions of subsection A of Section 18 -201.1 of this 
title and paragraphs 1, 2, 3 and 4 of subsection B of 
Section 18-201.1 of this title, multiplied by the Base  ENR. H. B. NO. 2078 	Page 4 
Foundation Support Level.  However, for the portion of 
weighted membership derived from nonresident, 
transferred pupils enrolled in online courses, the 
Foundation Program shall be a district's weighted 
average daily membershi p of the preceding school year 
or the first nine (9) weeks of the current school 
year, whichever is greater, as determined by the 
provisions of subsection A of Section 18 -201.1 of this 
title and paragraphs 1, 2, 3 and 4 of subsection B of 
Section 18-201.1 of this title, multiplied by the Base 
Foundation Support Level. 
 
b. The Foundation Program Income shall be the sum of the 
following: 
 
(1) The adjusted assessed valuation of the current 
school year of the school district, minus the 
previous year protested a d valorem tax revenues 
held as prescribed in Section 2884 of Title 68 of 
the Oklahoma Statutes, multiplied by the mills 
levied pursuant to subsection (c) of Section 9 of 
Article X of the Oklahoma Constitution, if 
applicable, as adjusted in subsection (c) o f 
Section 8A of Article X of the Oklahoma 
Constitution.  For purposes of this subsection, 
the "adjusted assessed valuation of the current 
school year" shall be the adjusted assessed 
valuation on which tax revenues are collected 
during the current school ye ar, and 
 
(2) Seventy-five percent (75%) of the amount received 
by the school district from the proceeds of the 
county levy during the preceding fiscal year, as 
levied pursuant to subsection (b) of Section 9 of 
Article X of the Oklahoma Constitution, and 
 
(3) Motor Vehicle Collections, and 
 
(4) Gross Production Tax, and 
 
(5) State Apportionment, and 
 
(6) R.E.A. Tax. 
  ENR. H. B. NO. 2078 	Page 5 
The items listed in divisions (3), (4), (5), and (6) 
of this subparagraph shall consist of the amounts 
actually collected from such sources dur ing the 
preceding fiscal year calculated on a per capita basis 
on the unit provided for by law for the distribution 
of each such revenue. 
 
2.  The Transportation Supplement shall be equal to the average 
daily haul times the per capita allowance times the a ppropriate 
transportation factor. 
 
a. The average daily haul shall be the number of children 
in a district who are legally transported and who live 
one and one-half (1 1/2) miles or more from school. 
 
b. The per capita allowance shall be determined using t he 
following chart: 
 
PER CAPITA 	PER CAPITA 
DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE 
 
.3000 - .3083 $167.00 .9334 - .9599 $99.00 
 
.3084 - .3249 $165.00 .9600 - .9866 $97.00 
 
.3250 - .3416 $163.00 .9867 - 1.1071 $95.00 
 
.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00 
 
.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00 
 
.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00 
 
.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00 
 
.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00 
 
.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00 
 
.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00 
 
.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00 
 
.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00 
  ENR. H. B. NO. 2078 	Page 6 
.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00 
 
.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00 
 
.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00 
 
.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00 
 
.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00 
 
.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00 
 
.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00 
 
.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00 
 
.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00 
 
.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00 
 
.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00 
 
.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00 
 
.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00 
 
.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00 
 
.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00 
 
.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00 
 
.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00 
 
.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00 
 
.9067 - .9333 $101.00 9.6668 or more $33.00 
 
c. The formula transportation factor shall be 1.39. 
 
3.  Salary Incentive Aid shall be determined as follows: 
 
a. Multiply the Incentive Aid guarantee by the district's 
highest higher weighted average daily membership based 
on the first nine (9) weeks of the current school  ENR. H. B. NO. 2078 	Page 7 
year, the preceding school year or the second or the 
preceding school year of a school district, as 
determined by the provisions of subsection A of 
Section 18-201.1 of this title and paragraphs 1, 2, 3 
and 4 of subsection B of Section 18 -201.1 of this 
title. 
 
b. Divide the district's adjusted assessed valuation of 
the current school year minus the previous year's 
protested ad valorem tax revenues held as prescribed 
in Section 2884 of Title 68 of the Oklahoma Statutes, 
by one thousand (1,000) and subtract t he quotient from 
the product of subparagraph a of this paragraph.  The 
remainder shall not be less than zero (0). 
 
c. Multiply the number of mills levied for general fund 
purposes above the fifteen (15) mills required to 
support Foundation Aid pursuant to division (1) of 
subparagraph b of paragraph 1 of this subsection, not 
including the county four -mill levy, by the remainder 
of subparagraph b of this paragraph.  The product 
shall be the Salary Incentive Aid of the district. 
 
E.  By June 30, 1998, the Stat e Department of Education shall 
develop and the Department and all school districts shall have 
implemented a student identification system which is consistent with 
the provisions of subsections C and D of Section 3111 of Title 74 of 
the Oklahoma Statutes. The student identification system shall be 
used specifically for the purpose of reporting enrollment data by 
school sites and by school districts, the administration of the 
Oklahoma School Testing Program Act, the collection of appropriate 
and necessary data pursuant to the Oklahoma Educational Indicators 
Program, determining student enrollment, establishing a student 
mobility rate, allocation of the State Aid Formula and mid -year 
adjustments in funding for student growth.  This enrollment data 
shall be submitted to the State Department of Education in 
accordance with rules promulgated by the State Board of Education.  
Funding for the development, implementation, personnel training and 
maintenance of the student identification system shall be set out in 
a separate line item in the allocation section of the appropriation 
bill for the State Board of Education for each year. 
 
F.  1.  In the event that ad valorem taxes of a school district 
are determined to be uncollectible because of bankruptcy, clerical 
error, or a successful tax protest, and the amount of such taxes  ENR. H. B. NO. 2078 	Page 8 
deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or 
an amount greater than twenty -five percent (25%) of ad valorem taxes 
per tax year, or the valuation of a district is lowered by o rder of 
the State Board of Equalization, the school district's State Aid, 
for the school year that such ad valorem taxes are calculated in the 
State Aid Formula, shall be determined by subtracting the net 
assessed valuation of the property upon which taxes were deemed 
uncollectible from the assessed valuation of the school district and 
the state.  Upon request of the local board of education, it shall 
be the duty of the county assessor to certify to the Director of 
Finance of the State Department of Educati on the net assessed 
valuation of the property upon which taxes were determined 
uncollectible. 
 
2.  In the event that the amount of funds a school district 
receives for reimbursement from the Ad Valorem Reimbursement Fund is 
less than the amount of funds cl aimed for reimbursement by the 
school district due to insufficiency of funds as provided in Section 
193 of Title 62 of the Oklahoma Statutes, then the school district's 
assessed valuation for the school year that such ad valorem 
reimbursement is calculated in the State Aid Formula shall be 
adjusted accordingly. 
 
G.  1.  Notwithstanding the provisions of Section 18 -112.2 of 
this title, a school district shall have its State Aid reduced by an 
amount equal to the amount of carryover in the general fund of the 
district as of June 30 of the preceding fiscal year, that is in 
excess of the following standards for two (2) consecutive years: 
 
Total Amount of 	Amount of 
General Fund Collections, 	General Fund 
Excluding Previous Year 	Balance 
Cash Surplus as of June 30 	Allowable 
 
 Less than $1,000,000 	40% 48% 
 
 $1,000,000 - $2,999,999 	35% 42% 
 
 $3,000,000 - $3,999,999 	30% 36% 
 
 $4,000,000 - $4,999,999 	25% 30% 
 
 $5,000,000 - $5,999,999 	20% 24% 
 
 $6,000,000 - $7,999,999 	18% 22%  ENR. H. B. NO. 2078 	Page 9 
 
 $8,000,000 - $9,999,999 	16% 19% 
 
 $10,000,000 or more 	14% 17% 
 
2.  By February 1 the State Department of Education shall send 
by certified mail, with return receipt requested, to each School 
District Superintendent, Auditor and Regional Accreditation Officer 
a notice of and calculation sheet reflect ing the general fund 
balance penalty to be assessed against that school district.  
Calculation of the general fund balance penalty shall not include 
federal revenue.  Within thirty (30) days of receipt of this written 
notice the school district shall submi t to the Department a written 
reply either accepting or protesting the penalty to be assessed 
against the district.  If protesting, the school district shall 
submit with its reply the reasons for rejecting the calculations and 
documentation supporting thos e reasons.  The Department shall review 
all school district penalty protest documentation and notify each 
district by March 15 of its finding and the final penalty to be 
assessed to each district.  General fund balance penalties shall be 
assessed to all school districts by April 1. 
 
3.  Any school district which receives proceeds from a tax 
settlement or a Federal Emergency Management Agency settlement 
during the last two (2) months of the preceding fiscal year shall be 
exempt from the penalties assessed in this subsection, if the 
penalty would occur solely as a result of receiving funds from the 
tax settlement. 
 
4.  Any school district which receives an increase in State Aid 
because of a change in Foundation and/or Salary Incentive Aid 
factors during the la st two (2) months of the preceding fiscal year 
shall be exempt from the penalties assessed in this subsection, if 
the penalty would occur solely as a result of receiving funds from 
the increase in State Aid. 
 
5.  If a school district does not receive Found ation and/or 
Salary Incentive Aid during the preceding fiscal year, the State 
Board of Education may waive the penalty assessed in this subsection 
if the penalty would result in a loss of more than forty percent 
(40%) of the remaining State Aid to be alloc ated to the school 
district between April 1 and the remainder of the school year and if 
the Board determines the penalty will cause the school district not 
to meet remaining financial obligations. 
  ENR. H. B. NO. 2078 	Page 10 
6.  Any school district which receives gross production re venue 
apportionment during the 2002 -2003 school year or in any subsequent 
school year that is greater than the gross production revenue 
apportionment of the preceding school year shall be exempt from the 
penalty assessed in this subsection, if the penalty would occur 
solely as a result of the gross production revenue apportionment, as 
determined by the State Board of Education. 
 
7.  Beginning July 1, 2003, school districts that participate in 
consolidation or annexation pursuant to the provisions of the 
Oklahoma School Voluntary Consolidation and Annexation Act shall be 
exempt from the penalty assessed in this subsection for the school 
year in which the consolidation or annexation occurs and for the 
next three (3) fiscal years. 
 
8.  Any school district which receives proceeds from a sales tax 
levied by a municipality pursuant to Section 22 -159 of Title 11 of 
the Oklahoma Statutes or proceeds from a sales tax levied by a 
county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes 
during the 2003-2004 school year or the 2004 -2005 school year shall 
be exempt from the penalties assessed in this subsection, if the 
penalty would occur solely as a result of receiving funds from the 
sales tax levy. 
 
9.  Any school district which has an amount of carryover in the 
general fund of the district in excess of the limits established in 
paragraph 1 of this subsection during the fiscal year years 
beginning July 1, 2019 2022, and July 1, 2023 , shall not be assessed 
a general fund balance penalty as provided for in this subsection. 
 
10.  For purposes of calculating the general fund balance 
penalty, the terms "carryover" and "general fund balance" shall not 
include federal revenue. 
 
H.  In order to provide startup funds for the implementation of 
early childhood programs, S tate Aid may be advanced to school 
districts that initially start early childhood instruction at a 
school site.  School districts that desire such advanced funding 
shall make application to the State Department of Education no later 
than September 15 of ea ch year and advanced funding shall be awarded 
to the approved districts no later than October 30.  The advanced 
funding shall not exceed the per pupil amount of State Aid as 
calculated in subsection D of this section per anticipated Head 
Start eligible student.  The total amount of advanced funding shall 
be proportionately reduced from the monthly payments of the  ENR. H. B. NO. 2078 	Page 11 
district's State Aid payments during the last six (6) months of the 
same fiscal year. 
 
I.  1.  Beginning July 1, 1996, the Oklahoma Tax Commission , 
notwithstanding any provision of law to the contrary, shall report 
monthly to the State Department of Education the monthly 
apportionment of the following information: 
 
a. the assessed valuation of property, 
 
b. motor vehicle collections, 
 
c. R.E.A. tax collected, and 
 
d. gross productions tax collected. 
 
2.  Beginning July 1, 1997, the State Auditor and Inspector's 
Office, notwithstanding any provision of law to the contrary, shall 
report monthly to the State Department of Education the monthly 
apportionment of the proceeds of the county levy. 
 
3.  Beginning July 1, 1996, the Commissioners of the Land 
Office, notwithstanding any provision of law to the contrary, shall 
report monthly to the State Department of Education the monthly 
apportionment of state a pportionment. 
 
4.  Beginning July 1, 1997, the county treasurers' offices, 
notwithstanding any provision of law to the contrary, shall report 
monthly to the State Department of Education the ad valorem tax 
protest amounts for each county. 
 
5.  The information reported by the Tax Commission, the State 
Auditor and Inspector's Office, the county treasurers' offices and 
the Commissioners of the Land Office, pursuant to this subsection 
shall be reported by school district on forms developed by the State 
Department of Education. 
 
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 18 -201.1, as 
last amended by Section 3, Chapter 61, O.S.L. 2020 (70 O.S. Supp. 
2020, Section 18-201.1), is amended to read as follows: 
 
Section 18-201.1  A.  Beginning with the 2020-21 school year, 
and each school year thereafter, the weighted membership of a school 
district for calculation of Foundation Aid purposes pursuant to 
paragraph 1 of subsection D of Section 18 -200.1 of this title shall  ENR. H. B. NO. 2078 	Page 12 
be the sum of the weighte d pupil grade level calculation, the 
weighted pupil category calculation, the weighted district 
calculation and the weighted teacher experience and degree 
calculation.  The weighted membership of a school district for 
calculation of Salary Incentive Aid pu rposes pursuant to paragraph 3 
of subsection D of Section 18 -200.1 of this title shall be the sum 
of the weighted pupil grade level calculation, the weighted pupil 
category calculation, the weighted district calculation and the 
weighted teacher experience and degree calculation. 
 
B.  The Beginning with the 2022 -2023 school year, the weighted 
calculations provided for in subsection A of this section shall be 
based on the highest higher weighted average daily membership of the 
first nine (9) weeks of the curr ent school year, the preceding 
school year or the second or the preceding school year of a school 
district, unless otherwise specified.  The highest higher of the 
three (3) two (2) weighted average daily memberships shall be used 
consistently in all of the calculations; however, the weighted 
calculation for a statewide virtual charter school experiencing a 
significant decline in membership shall be based on the first nine 
(9) weeks of the current school year and not on the preceding school 
year or the second preceding school year for the statewide virtual 
charter school.  For purposes of this subsection, "significant 
decline in membership" means equal to or greater than a fifteen 
percent (15%) decrease in average daily membership from the 
preceding school year to the average daily membership of the first 
nine (9) weeks of the current school year.  The average daily 
membership data used for all calculations in paragraphs 1, 2, 3 and 
4 of this subsection shall be the same as used in the calculation of 
the State Aid Formula.  The weighted calculations provided for in 
subsection A of this section shall be determined as follows: 
 
1.  The weighted pupil grade level calculation shall be 
determined by taking the highest average daily membership and 
assigning weights to the pupils according to grade attended as 
follows: 
 
GRADE LEVEL 	WEIGHT 
 
a. Half-day early childhood programs .7 
 
b. Full-day early childhood programs 1.3 
 
c. Half-day kindergarten 	1.3 
  ENR. H. B. NO. 2078 	Page 13 
d. Full-day kindergarten 	1.5 
 
e. First and second grade 	1.351 
 
f. Third grade 	1.051 
 
g. Fourth through sixth grade 	1.0 
 
h. Seventh through twelfth grade 	1.2 
 
i. Out-of-home placement 	1.50 
 
Multiply the membership of each subparagraph of this paragraph by 
the weight assigned to such subparagraph of this paragraph and add 
the totals together to determine the weighted pupil grade level 
calculation for a school district.  Determination of the pupils 
eligible for the early childhood program weight shall be pursuant to 
the provisions of Section 1 -114 of this title.  The pupils eli gible 
for the out-of-home placement pupil weight shall be students who are 
not residents of the school district in which they are receiving 
education pursuant to the provisions of subsection D of Section 1 -
113 of this title.  Such weight may be claimed by the district 
providing educational services to such student for the days that 
student is enrolled in that district.  If claimed, the out -of-home 
placement weight shall be in lieu of the pupil grade level and any 
pupil category weights for that student.  Pr ovided, if a student 
resides in a juvenile detention center that is restricted to less 
than twelve (12) beds, the out -of-home placement pupil weight for 
such students shall be calculated as follows: for a center with six 
(6) beds - 3.0; for a center with e ight (8) beds - 2.3 and for a 
center with ten (10) beds - 1.80. 
 
2.  The weighted pupil category calculation shall be determined 
by assigning a weight to the pupil category as follows: 
 
CATEGORY 	WEIGHT 
 
a. Visual Impairment 	3.8 
 
b. Specific Learning Disabi lity 	.4 
 
c. Deafness or Hearing Impairment 	2.9 
 
d. Deaf-Blindness 	3.8 
  ENR. H. B. NO. 2078 	Page 14 
e. Intellectual Disability 	1.3 
 
f. Emotional Disturbance 	2.5 
 
g. Gifted 	.34 
 
h. Multiple Disabilities 	2.4 
 
i. Orthopedic Impairment 	1.2 
 
j. Speech or Language Impairment 	.05 
 
k. Bilingual 	.25 
 
l. Special Education Summer Program 	1.2 
 
m. Economically Disadvantaged 	.25 
 
n. Optional Extended School Year 
Program 	As determined by 
  	the State Board 
  	of Education 
 
o. Autism 	2.4 
 
p. Traumatic Brain Injury 	2.4 
 
q. Other Health Impairment 	1.2 
 
Except as otherwise provided, multiply the number of pupils approved 
in the school year with the highest average daily membership in each 
category by the weight assigned to such category and add the totals 
together to determine the weighted pupil category calculation for a 
school district.  For the 1996-97 school year, the number to be 
multiplied by the weight assigned to the gifted category in 
subparagraph g of this paragraph shall be the lesser of (1) the sum 
of the number of students who scored in the to p three percent (3%) 
on any national standardized test of intellectual ability plus the 
number of students identified as gifted pursuant to subparagraphs a 
through d of paragraph 1 of Section 1210.301 of this title or (2) 
the sum of the number of students who scored in the top three 
percent (3%) on any national standardized test of intellectual 
ability plus eight percent (8%) of the total average daily 
membership of the school district for the preceding school year.  
For the 1997-98 school year and subseque nt school years, the number  ENR. H. B. NO. 2078 	Page 15 
to be multiplied by the weight assigned to the gifted category in 
subparagraph g of this paragraph shall be the lesser of (1) the sum 
of the number of students who scored in the top three percent (3%) 
on any national standardize d test of intellectual ability plus the 
number of students identified as gifted pursuant to subparagraphs a 
through d of paragraph 1 of Section 1210.301 of this title, or (2) 
the sum of the number of students who scored in the top three 
percent (3%) on any national standardized test of intellectual 
ability plus eight percent (8%) of the total average daily 
membership of the school district for the first nine (9) weeks of 
the school year. 
 
3.  The weighted district calculation shall be determined by 
determining the calculations for each school district for both the 
small school district formula and the district sparsity - isolation 
formula, applying whichever is the greater of the calculations of 
the two formulas and then applying the restrictions pursuant to 
subparagraph c of this paragraph. 
 
a. Small school district formula:  529 minus the average 
daily membership divided by 529 times .2 times total 
average daily membership. 
 
The small school district formula calculation shall apply 
only to school districts whose highest average daily 
membership is less than 529 pupils.  School districts which 
are consolidated or annexed after July 1, 2003, pursuant to 
the Oklahoma School Voluntary Consolidation and Annexation 
Act shall have the weighted district size calcula tion for 
the three (3) school years following the fiscal year in 
which such consolidation occurred calculated to be the sum 
of the individual consolidated districts computed as if the 
consolidation had not taken place.  Thereafter, any such 
district which is consolidated pursuant to the Oklahoma 
School Voluntary Consolidation and Annexation Act shall not 
qualify for the weighted district calculation unless the 
district can satisfy the specifications herein.  Subject to 
the provisions of subparagraph c of th is paragraph, the 
resulting number shall be counted as additional students 
for the purpose of calculating State Aid. 
 
b. District sparsity - isolation formula: 
 
The district sparsity - isolation formula calculation shall 
apply only to school districts:  ENR. H. B. NO. 2078 	Page 16 
 
(1) whose total area in square miles is greater than 
the average number of square miles for all school 
districts in this state; and 
 
(2) whose areal density is less than one -fourth (1/4) 
of the state average areal density.  Areal 
density shall be determined by dividing the 
school district's average daily membership by the 
school district's total area in square miles. 
 
The district sparsity - isolation formula calculation shall 
be calculated as follows: 
 
The school district student cost factor multiplied by 
the school district area factor.  The resulting 
product shall be multiplied by the school district's 
average daily membership.  Subject to the provisions 
of subparagraph c of this paragraph, the resulting 
number shall be counted as additional students for th e 
purpose of calculating State Aid. 
 
The school district student cost factor shall be calculated 
as follows: 
 
The school district's average daily membership shall 
be categorized into the following grade level groups 
and applied to the appropriate formulas as computed 
below: 
 
Grade Level Group 
 
Grades K-5 Divide 74 by the sum of the Grade 
Level ADM plus 23, 
add .85 to the quotient, then 
multiply the sum by the Grade 
Level ADM. 
 
Grades 6-8 Divide 122 by the sum of the Grade 
Level ADM plus 133, 
 
add .85 to the quotient, then 
multiply the sum by the Grade 
Level ADM. 
  ENR. H. B. NO. 2078 	Page 17 
Grades 9-12 Divide 292 by the sum of the Grade 
Level ADM plus 128, 
add .78 to the quotient, then 
multiply the sum by the Grade 
Level ADM. 
 
The sum of the grade level group's average daily 
membership shall be divided by the school district's 
average daily membership.  The number one (1.0) shall 
be subtracted from the resulting quotient. 
 
The school district area cost factor shall be calculated as 
follows: 
 
Subtract the state average district area from the 
district area, then divide the remainder by the state 
average district area; 
 
however, the district area cost factor shall not exceed one 
(1.0). 
 
The State Board of Education shall define geographical barriers 
whose location in a school district would inhibit the district from 
consolidation or annexation.  The Board shall make available an 
application process, review applications, and for districts the 
Board deems necessary allow additional square miles to be used for 
the purposes of calculations used for the weighted district sparsity 
- isolation formula.  Provided, that the additional square miles 
allowed for geographical barriers shall not exceed thirty percent 
(30%) of the district's actual size. 
 
c. State Aid funds which a district is calculated to 
receive as a result of the weighted district 
calculation shall be restricted as follows: 
 
If, after the weighted district calculation is 
applied, the district's projected per pupil 
revenue exceeds one hundred fifty percent (150%) 
of the projected state av erage per pupil revenue, 
then the district's State Aid shall be reduced by 
an amount that will restrict the district's 
projected per pupil revenue to one hundred fifty 
percent (150%) of the projected state average per 
pupil revenue.  Provided, in applying the 
restriction provided in this division, the  ENR. H. B. NO. 2078 	Page 18 
district's State Aid shall not be reduced by an 
amount greater than by the amount of State Aid 
which was generated by the weighted district 
calculation. 
 
The July calculation of the projected per pupil 
revenue shall be determined by dividing the highest of 
the district's preceding two (2) years year's average 
daily membership (ADM) as weighted by the pupil grade 
level, the pupil category, the district and the 
teacher experience degree index calculations for 
projected State Aid into the district's projected 
total revenues including projected funds for the State 
Aid Formula for the preceding year, net assessed 
valuation for the preceding calendar year times 
thirty-nine (39) mills, county revenues excluding the 
county four-mills revenues for the second preceding 
year, other state appropriations for the preceding 
year and the collections for the preceding year of 
state apportionment, motor vehicle revenue, gross 
production tax and R.E.A. tax. 
 
The December calculatio n of the projected per pupil 
revenue shall be determined by dividing the highest 
higher of the district's first nine (9) weeks of the 
current school year or the two (2) preceding school 
years year's average daily membership (ADM) as 
weighted by the pupil g rade level, the pupil category, 
the district and the teacher experience degree index 
calculations for projected State Aid into the 
district's projected total revenues including funds 
for the December calculation of the current year State 
Aid Formula, net assessed valuation for the current 
calendar year times thirty -nine (39) mills, county 
revenues excluding the county four -mills revenue for 
the preceding year, other state appropriations for the 
preceding year and the collections for the preceding 
year of state apportionment, motor vehicle revenue, 
gross production tax and R.E.A. tax. 
 
The district's projected total revenues for each 
calculation shall exclude the following collections 
for the second preceding year: federal revenue, 
insurance loss payments, re imbursements, recovery of 
overpayments and refunds, unused reserves, prior  ENR. H. B. NO. 2078 	Page 19 
expenditures recovered, prior year surpluses, and 
other local miscellaneous revenues. 
 
4.  The weighted teacher experience and degree calculation shall 
be determined in accordance w ith the teacher experience and degree 
index.  The State Department of Education shall determine an index 
for each state teacher by using data supplied in the school 
district's teacher personnel reports of the preceding year and 
utilizing the index as follo ws: 
 
TEACHER EXPERIENCE - DEGREE INDEX 
 
EXPERIENCE BACHELOR'S MASTER'S DOCTOR'S 
DEGREE 	DEGREE DEGREE 
 
0 - 2 	.7 	.9 	1.1 
 
3 - 5 	.8 	1.0 	1.2 
 
6 - 8 	.9 	1.1 	1.3 
 
9 - 11 	1.0 	1.2 	1.4 
 
12 - 15 	1.1 	1.3 	1.5 
 
Over 15 	1.2 	1.4 	1.6 
 
The school district teacher index for e ach school district shall 
be determined by subtracting the weighted average state teacher from 
the weighted average district teacher.  Multiply the school district 
teacher index if greater than zero by .7 and then multiply that 
product by the sum of the di strict's weighted pupil grade level 
calculation provided in paragraph 1 of this subsection and the 
weighted pupil category calculation provided in subparagraph m of 
paragraph 2 of this subsection to determine the weighted teacher 
experience and degree calc ulation. 
 
SECTION 3.  This act shall become effective July 1, 2022. 
 
SECTION 4.  The provisions of this act shall be contingent upon 
the enactment of the provisions of either House Bill No. 2074 or 
Senate Bill No. 783 of the 1st Session of the 58th Oklahoma 
Legislature and shall not become operative as law otherwise. 
  ENR. H. B. NO. 2078 	Page 20 
Passed the House of Representatives the 24th day of February, 
2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 31st day of March, 2021. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Offic e of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________