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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3262 By: Talley
AS INTRODUCED
An Act relating to schools; amending 70 O.S.
2021, Sections 18-113.1, 18-113.2, and 18-113.3,
which relate to class size; removing exception
from elementary class size penalty for school
districts which meet certain indebtedness
criteria; deleting exception from kindergarten
class size penalty for school districts which
meet certain indebtedness criteria; including
weighted pupil grade level and pupil category in
average daily membersh ip calculation to determine
class size; striking exception from secondary
class size penalty for school districts which
meet certain indebtedness c riteria; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-113.1, is
amended to read as follows:
Section 18-113.1 A. The provisions of this subsection shall
apply only to grades o ne through three.
1. Except as otherwise provided for in this section, no child
shall be included in the average da ily membership of a school
district for the purpose of computing and paying state -appropriated
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funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed th e class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if:
a. the creation of an add itional class would cause a
class to have fewer than ten (10) students; and
b. a teacher's assistant, as defined in Section 6-127 of
this title, is employed to serve with each teacher in
a class that exceeds the class size limitation
provided for in this s ubsection.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsecti on if the limitations are
exceeded beginning after the first nine (9) weeks of the school
year.
Any school district found to be in violation of the provisions
of this subsection shall receive a penalty in the State Aid formula
as a reduction to State Aid t o be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in exc ess of the class size
membership limit as provided in this subsection by the
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grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. The provisions of this subsection shall apply only to grades
four through six.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state -appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if the creation of an
additional class would cause a class to have fewer than sixteen (16)
students.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations ar e
exceeded beginning after the first nine (9) weeks of the school
year.
4. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
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a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class si ze
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year t imes twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
C. Classes in the following subjects shall not be subject to
the class size limitations provided for in subsections A and B of
this section:
1. Physical education; and
2. Chorus, band, orchestra and similar music classes.
D. If a school district groups its grades as grades one thr ough
five, grades six through eight, and grades nine through twelve, then
as to such district the provisions of subsection B of this section
shall apply to grades four and five rather than grades four through
six, and the provisions of Section 18 -113.3 of this title shall
apply to grades six through twelve.
E. Any violations of the provisions of this section shall
result in denial of accredita tion in accordance with the
requirements of Section 3 -104.4 of this title.
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F. Any school district which at the beg inning of the school
year does not have sufficient classrooms to meet the class size
limitation provided for in this section as determined by guidelines
established by the State Board of Education shall not be penalized
for failure to meet the class size l imitations provided for in this
section if:
a. the school district has voted indebtedness, at any
time within the five (5) years preceding th e year the
district exceeds the class size limitations or during
the year the district exceeds the class size
limitations, through the issuance of bonds or approval
by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum a llowable
pursuant to the provisions of Section 26 of Article X
of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization
Board for the current school year and certifications
by the Attorney General prior to Febru ary 1 of the
current school year; and
b. on the date of filing of the school district budget
with the State Equaliz ation Board, the school district
is voting the maximum millage allowable for the
support, maintenance and construction of schools as
provided for in subsections (a), (c), (d) and (d -1) of
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Section 9 of Article X of the Oklahoma Constitution
and Section 10 of Article X of the Oklahoma
Constitution.
G. Any school district which exceeds the class size limitations
as set forth in this section shall submit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to
comply with this section.
H. G. School districts which receive state -appropriated funds
pursuant to the provisions of Section 18-112.2 of this title and do
not comply with the provisions of this section shal l be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
amended to read as follows:
Section 18-113.2 A. The provisions of this section shall apply
only to kindergarten.
1. No child shall be included in the average daily membership
of a school district for the purpose of computing and paying state -
appropriated funds if that child is regularly assigned to a teacher
or to a class that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided fo r in this subsection, the class size
limitation and penalty shall not apply if:
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a. the creation of an additional cl ass would cause a
class to have fewer than ten (10) students; and
b. a teacher's assistant, as defined in Section 6 -127 of
this title, is employed to serve with each teacher in
a class that exceeds the class size limitation
provided for in this subsection.
3. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitations are
exceeded beginning after the first nine (9) weeks of the school
year.
4. Any school district which at the beginning of the sch ool
year does not have sufficient classrooms to meet the class size
limitation provided for in this section as determined by guidelines
established by the State Board of Education shall not be penalized
for failure to meet the class size limitations provid ed for in this
section if:
a. the school district has voted indebtedness, at any
time within the five (5) years preceding the year the
district exceeds the class size limitations or during
the year the district exceeds the class size
limitations, through t he issuance of bonds or approval
by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowable
pursuant to the provisions of Section 26 of Article X
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of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization
Board for the current school year and certifications
by the Attorney General prior to February 1 of the
current school year; and
b. on the date of filing of the school district budget
with the State Equalization Board, the school district
is voting the maximum millage allowable for the
support, maintenance and construction of schools as
provided for in subsectio ns (a), (c), (d) and (d-1) of
Section 9 of Article X of the Oklahoma Constitution
and Section 10 of Article X of th e Oklahoma
Constitution.
5. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the curren t school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsecti on by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
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c. Sum the products of sub paragraphs a and b of this
paragraph.
B. Any violations of the provisions of this section shall
result in denial of accreditation in accordance with the
requirements of Section 3 -104.4 of this title.
C. School districts which receive state -appropriated funds
pursuant to the provisions of Section 18 -112.2 of this title and do
not comply with the provisions of this sec tion shall be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.3, is
amended to read as follows:
Section 18-113.3 A. Class Until June 30, 2024, class size, as
used in Section 18-113.1 and Section 18 -113.2 of this title, shall
be determined by the average d aily membership divided by the full-
time equivalency of the instructional staff assigned to each grade
level by site. Beginning July 1, 202 4, class size, as used in this
section and Sections 18-113.1 and 18-113.2 of this title, shall be
determined by including the weighted pupil grade level and weighted
pupil category calculations in the average daily membership of each
site and dividing that by the full-time equivalency of the
instructional staff assigned to each grade level by site. Full-time
equivalency of special education teachers, Chapter 1 teachers, and
teachers of classes not subject to class size limitations and the
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average daily membership of self -contained special education classes
shall not be counted in class size computation.
B. As used in this section, self-contained special education
classes are those classes whose students attend the same class for
three (3) or more class periods and who have individualized
education plans.
C. Beginning with the 1996 -97 school year and each school year
thereafter, no teacher who is counted in class size count for grades
seven through twelve shall be responsible for the instruction of a
class size of more than one hundred forty (140) students on any
given six-hour school day. Class size count shall be take n during
the month of October of each school year on a date set by the State
Board of Education. If the class size count is in excess of the
limits set forth in this subsection, the school district shall be
subject to the penalties provided for in this se ction.
D. Students within a class which is not subject to class size
limitations pursuant to subsection D of Section 18 -113.1 of this
title shall not be counted for purposes of the limitations set forth
in subsection C of this section.
E. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitations are
exceeded beginning after the first ni ne (9) weeks of the school
year.
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F. The first year that a school district exceeds the class size
membership limitation as established and computed in subsection C of
this section, the district shall receive as a penalty a reduction in
the State Aid for th e district. For each child in excess of the
class size limitation, the reduction in State Aid to the district
shall be determined as follows:
1. Multiply the averaged number of the October class size count
of pupils which is in excess of the class size m embership limit as
provided for in subsection C of this section by the grade weight and
by the Base Foundation Support Level for the current school year;
2. Multiply the averaged number of the October class size count
of pupils which is in excess of the c lass size membership limit as
provided for in subsection C of this section by the grade level
weight and by the Incentive Aid guarantee for the current school
year times twenty (20); and
3. Sum the products of paragraphs 1 and 2 of this subsection.
G. If a school district exceeds the class size membership
limitation as established and computed in subsection C of this
section for two (2) consecutive years, the district shall receive as
a penalty denial of accreditation in accordance with the
requirements of Section 3-104.4 of this title.
H. For the purpose of determining whether a penalty for
exceeding class size limitations shall apply, a federally funded
bilingual assistant shall not qualify as a teacher 's assistant.
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I. Any school district which at the beginning of the school
year does not have sufficient classrooms to meet the class size
limitation provided fo r in this section as determined by guidelines
established by the State Board of Education shall not be penalized
for failure to meet the class siz e limitations provided for in this
section if:
1. The school district has voted indebtedness, at any time
within the five (5) years preceding the year the district exceeds
the class size limitations or during the year the district exceeds
the class size limitations, through the issuance of bonds or
approval by voters of issuance of new bonds for more than eighty -
five percent (85%) of the maximum allowable pursuant to the
provisions of Section 26 of Article X of the Oklahoma Constitution
as shown on the school district budget filed with the State
Equalization Board for the current school year and certifications by
the Attorney General prior to February 1 of the current school year;
and
2. On the date of filing of the school district budget with the
State Equalization Board, the school district is voting the maximum
millage allowable for the support, maintenance and construction of
schools as provided for in subsections (a), (c), (d) and (d -1) of
Section 9 of Article X of the Oklahoma Constitution and Section 10
of Article X of the Oklahoma Constitution.
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J. Any school district which exceeds the class size limitation s
as set forth in this section shall submit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to
comply with this section.
K. J. School districts which r eceive state-appropriated funds
pursuant to the provisions of Section 18 -112.2 of this title and do
not comply with the provisions of this section sh all be subject to
loss of State Aid for each child in excess of the class size
limitations as specified in this section.
SECTION 4. This act shall become effective November 1, 2022.
58-2-8969 EK 01/19/22