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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2673 By: Echols
AS INTRODUCED
An Act relating to schools; establishing availability
of certain transfer students; reallocating certain
aid; amending 70 O.S. 2011, Sect ion 18-201.1, as last
amended by Section 3, Chapter 61, O.S.L. 2020 (70
O.S. Supp. 2020, Section 18 -201.1), which relates to
state aid; adding certain student weight for state
aid; amending 70 O.S. 2011, Section 8 -104, as amended
by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp.
2020, Section 8-104), which relates to student
transfers; adding reason for emergency transfer;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8-114 of Title 70, unless there
is created a duplication in numbering, reads as follows:
B. If a student is transferred to a school district other than
the district of residence of the student pursuant to paragraph 9 of
Subsection A of Section 8 -104 of Title 70 of the Oklahoma Statutes :
1. The receiving district shall establish availability of the
appropriate program, staff and services prior to approval of the
transfer; and
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2. Upon approval of the transfer, the receiving district shall
claim the student in the average daily membership for state and
federal funding purposes and shall assume all responsibility for
education of the student. For state funding purposes, the State
Department of Education shall include the appropriate grade level
weight and all category weights to which the pupil is assigned
pursuant to the provisions of Section 18 -201.1 of Title 70 of the
Oklahoma Statutes when calculati ng State Aid pursuant to the
provisions of Section 18 -200.1 of Title 70 of the Oklahoma S tatutes.
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
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. The weig hted membership of a school district for
calculation of Salary Incentive Aid purposes 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
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category calculation, the weighted district calculation and the
weighted teacher experience and degree calculation.
B. The weighted calculations provided for in subsection A of
this section shall be based on the highest weighted average daily
membership of the first n ine (9) weeks of the current school year,
the preceding school year or the second preceding school year of a
school district, unless otherwise specified. The highest of the
three (3) 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
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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
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 eligible
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 distr ict
providing educational services to such student for the days that
student is enrolled in that district. If claimed, the out -of-home
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placement weight shall be in lieu of the pupil grade level and any
pupil category weights for that student. Provided, i f 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 eight (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 Disability .4
c. Deafness or Hearing Impairment 2.9
d. Deaf-Blindness 3.8
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
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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
r. Enrolled at school that ha s
received a "F" school grade
pursuant to Section 1210.54
of this title in each of the
last three (3) immediately
preceding years 1.1
Except as otherwise provided, multiply the number of pupils approved
in the school year with the highest average daily mem bership 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 top three percent (3%)
on any national standardized test of intellectual ability plus the
number of students identified as g ifted pursuant to subparagraphs a
through d of paragraph 1 of Section 1210.301 of this title or (2)
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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 subsequent school years, the number
to be multiplied by the weight assigned to the gifted category in
subparagraph g of this parag raph shall be the lesser of (1) the sum
of the number of students who scored in the top 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 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.
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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 Jul y 1, 2003, pursuant to
the Oklahoma School Voluntary Consolidation and Annexation
Act shall have the weighted district size calculation 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 this 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:
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(1) whose total area in square miles is greater than
the average number of square miles for all school
districts in this state; an d
(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. Subje ct to the provisions
of subparagraph c of this paragraph, the resulting
number shall be counted as additional students for the
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
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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.
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;
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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 di stricts 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 average per pupil revenue,
then the district's State Aid shall be reduced by
an amount that will restrict the district 's
projected per pupil revenu e to one hundred fifty
percent (150%) of the projected state average per
pupil revenue. Provided, in applying the
restriction provided in this division, the
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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 average daily
membership (ADM) as weighted by the pupil gra de 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 va luation 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 st ate
apportionment, motor vehicle revenue, gross production
tax and R.E.A. tax.
The December calculation of the projected per pupil
revenue shall be determined by dividing the highest of
the district's first nine (9) weeks of the current
school year or the two (2) preceding school years
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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 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, reimbursements, recovery of
overpayments and refunds, unused reserves, prior
expenditures recovered, prior year surpluses, and
other local miscellaneous revenues.
4. The weighted teacher experience and degree calculation shall
be determined in accordance with 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
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district's teacher personnel reports of the preceding year and
utilizing the index as follows:
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 each 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 district '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 calculation.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -104, as
amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-104), is amended to read as follows:
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Section 8-104. A. In addition to the transfer process provided
in Section 8-103 of this title, students may be transferred on an
emergency basis. A written application for an emergency transfer
designating the district to which t he transfer is desired shall be
made by the parent and filed with the superintendent of the
receiving school district. On an adequate showing of emergency the
superintendent of the receiving school district may make and order a
transfer, subject to approv al by the State Board of Education. An
emergency shall include only:
1. The destruction or partial destruction of a school building;
2. The inability to offer the subject a pupil desires to
pursue, if the pupil becomes a legal resident of a school distr ict
after February 1 of the school year immediately prior to the school
year for which the pupil is seeking the transfer;
3. A catastrophic medical problem of a student, which for
purposes of this section shall mean an acute or chronic serious
illness, disease, disorder or injury which has a permanently
detrimental effect on the body 's system or renders the risk
unusually hazardous;
4. The total failure of transportation facilities;
5. The concurrence of both the sending and receiving school
districts;
6. The unavailability of remote or on -site Internet-based
instruction by course title in the district of residence for a
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student identified as in need of drop -out recovery or alternative
education services, provided such student was enrolled at any time
in a public school in this state during the previous three (3)
school years;
7. The unavailability of a specialized deaf education program
for a student who is deaf or hearing impaired; or
8. When a student has been the victim of harassment,
intimidation and bullying as defined in Section 24 -100.3 of this
title, upon verification by the receiving school district that the
student has been the victim of harassment, intimidation or bullying
and that the sending school district was notified of the incident or
incidents prior to the filing of the application for transfer ; or
9. Enrolled at resident school that has received an "F" school
grade pursuant to Section 1210.545 of this t itle in each of the last
three (3) immediately preceding years prior to the year th e student
submits the emergency transfer application .
B. An emergency transfer previously made may be canceled, with
the concurrence of the board of the receiving district and the
parent.
SECTION 4. This act shall become effective Novembe r 1, 2021.
58-1-6246 AMM 01/20/21