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Oklahoma House Bill HB3262

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3262 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (202 2)
3131
3232 HOUSE BILL 3262 By: Talley
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending 70 O.S.
4141 2021, Sections 18-113.1, 18-113.2, and 18-113.3,
4242 which relate to class size; removing exception
4343 from elementary class size penalty for school
4444 districts which meet certain indebtedness
4545 criteria; deleting exception from kindergarten
4646 class size penalty for school districts which
4747 meet certain indebtedness criteria; including
4848 weighted pupil grade level and pupil category in
4949 average daily membersh ip calculation to determine
5050 class size; striking exception from secondary
5151 class size penalty for school districts which
5252 meet certain indebtedness c riteria; and providing
5353 an effective date.
5454
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5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-113.1, is
6060 amended to read as follows:
6161 Section 18-113.1 A. The provisions of this subsection shall
6262 apply only to grades o ne through three.
6363 1. Except as otherwise provided for in this section, no child
6464 shall be included in the average da ily membership of a school
6565 district for the purpose of computing and paying state -appropriated
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9292 funds if that child is regularly assigned to a teacher or to a class
9393 that includes more than twenty (20) students.
9494 2. If a class or classes in a grade exceed th e class size
9595 limitation provided for in this subsection, the class size
9696 limitation and penalty shall not apply if:
9797 a. the creation of an add itional class would cause a
9898 class to have fewer than ten (10) students; and
9999 b. a teacher's assistant, as defined in Section 6-127 of
100100 this title, is employed to serve with each teacher in
101101 a class that exceeds the class size limitation
102102 provided for in this s ubsection.
103103 3. No school district shall be penalized for exceeding class
104104 size limitations set forth in this subsecti on if the limitations are
105105 exceeded beginning after the first nine (9) weeks of the school
106106 year.
107107 Any school district found to be in violation of the provisions
108108 of this subsection shall receive a penalty in the State Aid formula
109109 as a reduction to State Aid t o be determined as follows:
110110 a. Multiply each pupil in excess of the class size
111111 membership limit as provided in this subsection by the
112112 grade level weight and by the Base Foundation Support
113113 Level for the current school year, and
114114 b. Multiply each pupil in exc ess of the class size
115115 membership limit as provided in this subsection by the
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142142 grade level weight and by the Incentive Aid guarantee
143143 for the current school year times twenty (20), and
144144 c. Sum the products of subparagraphs a and b of this
145145 paragraph.
146146 B. The provisions of this subsection shall apply only to grades
147147 four through six.
148148 1. Except as otherwise provided for in this section, no child
149149 shall be included in the average daily membership of a school
150150 district for the purpose of computing and paying state -appropriated
151151 funds if that child is regularly assigned to a teacher or to a class
152152 that includes more than twenty (20) students.
153153 2. If a class or classes in a grade exceed the class size
154154 limitation provided for in this subsection, the class size
155155 limitation and penalty shall not apply if the creation of an
156156 additional class would cause a class to have fewer than sixteen (16)
157157 students.
158158 3. No school district shall be penalized for exceeding class
159159 size limitations set forth in this subsection if the limitations ar e
160160 exceeded beginning after the first nine (9) weeks of the school
161161 year.
162162 4. Any school district found to be in violation of the
163163 provisions of this subsection shall receive a penalty in the State
164164 Aid formula as a reduction to State Aid to be determined as follows:
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191191 a. Multiply each pupil in excess of the class size
192192 membership limit as provided in this subsection by the
193193 grade level weight and by the Base Foundation Support
194194 Level for the current school year, and
195195 b. Multiply each pupil in excess of the class si ze
196196 membership limit as provided in this subsection by the
197197 grade level weight and by the Incentive Aid guarantee
198198 for the current school year t imes twenty (20), and
199199 c. Sum the products of subparagraphs a and b of this
200200 paragraph.
201201 C. Classes in the following subjects shall not be subject to
202202 the class size limitations provided for in subsections A and B of
203203 this section:
204204 1. Physical education; and
205205 2. Chorus, band, orchestra and similar music classes.
206206 D. If a school district groups its grades as grades one thr ough
207207 five, grades six through eight, and grades nine through twelve, then
208208 as to such district the provisions of subsection B of this section
209209 shall apply to grades four and five rather than grades four through
210210 six, and the provisions of Section 18 -113.3 of this title shall
211211 apply to grades six through twelve.
212212 E. Any violations of the provisions of this section shall
213213 result in denial of accredita tion in accordance with the
214214 requirements of Section 3 -104.4 of this title.
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241241 F. Any school district which at the beg inning of the school
242242 year does not have sufficient classrooms to meet the class size
243243 limitation provided for in this section as determined by guidelines
244244 established by the State Board of Education shall not be penalized
245245 for failure to meet the class size l imitations provided for in this
246246 section if:
247247 a. the school district has voted indebtedness, at any
248248 time within the five (5) years preceding th e year the
249249 district exceeds the class size limitations or during
250250 the year the district exceeds the class size
251251 limitations, through the issuance of bonds or approval
252252 by voters of issuance of new bonds for more than
253253 eighty-five percent (85%) of the maximum a llowable
254254 pursuant to the provisions of Section 26 of Article X
255255 of the Oklahoma Constitution as shown on the school
256256 district budget filed with the State Equalization
257257 Board for the current school year and certifications
258258 by the Attorney General prior to Febru ary 1 of the
259259 current school year; and
260260 b. on the date of filing of the school district budget
261261 with the State Equaliz ation Board, the school district
262262 is voting the maximum millage allowable for the
263263 support, maintenance and construction of schools as
264264 provided for in subsections (a), (c), (d) and (d -1) of
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290290
291291 Section 9 of Article X of the Oklahoma Constitution
292292 and Section 10 of Article X of the Oklahoma
293293 Constitution.
294294 G. Any school district which exceeds the class size limitations
295295 as set forth in this section shall submit a written report to the
296296 State Board of Education, on or before July 1 of each year, setting
297297 forth the procedures that the district will follow in order to
298298 comply with this section.
299299 H. G. School districts which receive state -appropriated funds
300300 pursuant to the provisions of Section 18-112.2 of this title and do
301301 not comply with the provisions of this section shal l be subject to
302302 loss of State Aid for each child in excess of the class size
303303 limitations specified in this section.
304304 SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
305305 amended to read as follows:
306306 Section 18-113.2 A. The provisions of this section shall apply
307307 only to kindergarten.
308308 1. No child shall be included in the average daily membership
309309 of a school district for the purpose of computing and paying state -
310310 appropriated funds if that child is regularly assigned to a teacher
311311 or to a class that includes more than twenty (20) students.
312312 2. If a class or classes in a grade exceed the class size
313313 limitation provided fo r in this subsection, the class size
314314 limitation and penalty shall not apply if:
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341341 a. the creation of an additional cl ass would cause a
342342 class to have fewer than ten (10) students; and
343343 b. a teacher's assistant, as defined in Section 6 -127 of
344344 this title, is employed to serve with each teacher in
345345 a class that exceeds the class size limitation
346346 provided for in this subsection.
347347 3. No school district shall be penalized for exceeding class
348348 size limitations set forth in this section if the limitations are
349349 exceeded beginning after the first nine (9) weeks of the school
350350 year.
351351 4. Any school district which at the beginning of the sch ool
352352 year does not have sufficient classrooms to meet the class size
353353 limitation provided for in this section as determined by guidelines
354354 established by the State Board of Education shall not be penalized
355355 for failure to meet the class size limitations provid ed for in this
356356 section if:
357357 a. the school district has voted indebtedness, at any
358358 time within the five (5) years preceding the year the
359359 district exceeds the class size limitations or during
360360 the year the district exceeds the class size
361361 limitations, through t he issuance of bonds or approval
362362 by voters of issuance of new bonds for more than
363363 eighty-five percent (85%) of the maximum allowable
364364 pursuant to the provisions of Section 26 of Article X
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391391 of the Oklahoma Constitution as shown on the school
392392 district budget filed with the State Equalization
393393 Board for the current school year and certifications
394394 by the Attorney General prior to February 1 of the
395395 current school year; and
396396 b. on the date of filing of the school district budget
397397 with the State Equalization Board, the school district
398398 is voting the maximum millage allowable for the
399399 support, maintenance and construction of schools as
400400 provided for in subsectio ns (a), (c), (d) and (d-1) of
401401 Section 9 of Article X of the Oklahoma Constitution
402402 and Section 10 of Article X of th e Oklahoma
403403 Constitution.
404404 5. Any school district found to be in violation of the
405405 provisions of this subsection shall receive a penalty in the State
406406 Aid formula as a reduction to State Aid to be determined as follows:
407407 a. Multiply each pupil in excess of the class size
408408 membership limit as provided in this subsection by the
409409 grade level weight and by the Base Foundation Support
410410 Level for the curren t school year, and
411411 b. Multiply each pupil in excess of the class size
412412 membership limit as provided in this subsecti on by the
413413 grade level weight and by the Incentive Aid guarantee
414414 for the current school year times twenty (20), and
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441441 c. Sum the products of sub paragraphs a and b of this
442442 paragraph.
443443 B. Any violations of the provisions of this section shall
444444 result in denial of accreditation in accordance with the
445445 requirements of Section 3 -104.4 of this title.
446446 C. School districts which receive state -appropriated funds
447447 pursuant to the provisions of Section 18 -112.2 of this title and do
448448 not comply with the provisions of this sec tion shall be subject to
449449 loss of State Aid for each child in excess of the class size
450450 limitations specified in this section.
451451 SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.3, is
452452 amended to read as follows:
453453 Section 18-113.3 A. Class Until June 30, 2024, class size, as
454454 used in Section 18-113.1 and Section 18 -113.2 of this title, shall
455455 be determined by the average d aily membership divided by the full-
456456 time equivalency of the instructional staff assigned to each grade
457457 level by site. Beginning July 1, 202 4, class size, as used in this
458458 section and Sections 18-113.1 and 18-113.2 of this title, shall be
459459 determined by including the weighted pupil grade level and weighted
460460 pupil category calculations in the average daily membership of each
461461 site and dividing that by the full-time equivalency of the
462462 instructional staff assigned to each grade level by site. Full-time
463463 equivalency of special education teachers, Chapter 1 teachers, and
464464 teachers of classes not subject to class size limitations and the
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491491 average daily membership of self -contained special education classes
492492 shall not be counted in class size computation.
493493 B. As used in this section, self-contained special education
494494 classes are those classes whose students attend the same class for
495495 three (3) or more class periods and who have individualized
496496 education plans.
497497 C. Beginning with the 1996 -97 school year and each school year
498498 thereafter, no teacher who is counted in class size count for grades
499499 seven through twelve shall be responsible for the instruction of a
500500 class size of more than one hundred forty (140) students on any
501501 given six-hour school day. Class size count shall be take n during
502502 the month of October of each school year on a date set by the State
503503 Board of Education. If the class size count is in excess of the
504504 limits set forth in this subsection, the school district shall be
505505 subject to the penalties provided for in this se ction.
506506 D. Students within a class which is not subject to class size
507507 limitations pursuant to subsection D of Section 18 -113.1 of this
508508 title shall not be counted for purposes of the limitations set forth
509509 in subsection C of this section.
510510 E. No school district shall be penalized for exceeding class
511511 size limitations set forth in this section if the limitations are
512512 exceeded beginning after the first ni ne (9) weeks of the school
513513 year.
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540540 F. The first year that a school district exceeds the class size
541541 membership limitation as established and computed in subsection C of
542542 this section, the district shall receive as a penalty a reduction in
543543 the State Aid for th e district. For each child in excess of the
544544 class size limitation, the reduction in State Aid to the district
545545 shall be determined as follows:
546546 1. Multiply the averaged number of the October class size count
547547 of pupils which is in excess of the class size m embership limit as
548548 provided for in subsection C of this section by the grade weight and
549549 by the Base Foundation Support Level for the current school year;
550550 2. Multiply the averaged number of the October class size count
551551 of pupils which is in excess of the c lass size membership limit as
552552 provided for in subsection C of this section by the grade level
553553 weight and by the Incentive Aid guarantee for the current school
554554 year times twenty (20); and
555555 3. Sum the products of paragraphs 1 and 2 of this subsection.
556556 G. If a school district exceeds the class size membership
557557 limitation as established and computed in subsection C of this
558558 section for two (2) consecutive years, the district shall receive as
559559 a penalty denial of accreditation in accordance with the
560560 requirements of Section 3-104.4 of this title.
561561 H. For the purpose of determining whether a penalty for
562562 exceeding class size limitations shall apply, a federally funded
563563 bilingual assistant shall not qualify as a teacher 's assistant.
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590590 I. Any school district which at the beginning of the school
591591 year does not have sufficient classrooms to meet the class size
592592 limitation provided fo r in this section as determined by guidelines
593593 established by the State Board of Education shall not be penalized
594594 for failure to meet the class siz e limitations provided for in this
595595 section if:
596596 1. The school district has voted indebtedness, at any time
597597 within the five (5) years preceding the year the district exceeds
598598 the class size limitations or during the year the district exceeds
599599 the class size limitations, through the issuance of bonds or
600600 approval by voters of issuance of new bonds for more than eighty -
601601 five percent (85%) of the maximum allowable pursuant to the
602602 provisions of Section 26 of Article X of the Oklahoma Constitution
603603 as shown on the school district budget filed with the State
604604 Equalization Board for the current school year and certifications by
605605 the Attorney General prior to February 1 of the current school year;
606606 and
607607 2. On the date of filing of the school district budget with the
608608 State Equalization Board, the school district is voting the maximum
609609 millage allowable for the support, maintenance and construction of
610610 schools as provided for in subsections (a), (c), (d) and (d -1) of
611611 Section 9 of Article X of the Oklahoma Constitution and Section 10
612612 of Article X of the Oklahoma Constitution.
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639639 J. Any school district which exceeds the class size limitation s
640640 as set forth in this section shall submit a written report to the
641641 State Board of Education, on or before July 1 of each year, setting
642642 forth the procedures that the district will follow in order to
643643 comply with this section.
644644 K. J. School districts which r eceive state-appropriated funds
645645 pursuant to the provisions of Section 18 -112.2 of this title and do
646646 not comply with the provisions of this section sh all be subject to
647647 loss of State Aid for each child in excess of the class size
648648 limitations as specified in this section.
649649 SECTION 4. This act shall become effective November 1, 2022.
650650
651651 58-2-8969 EK 01/19/22