Req. No. 906 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 450 By: Brooks AS INTRODUCED An Act relating to State Aid; amending 70 O.S. 2011, Section 18-201.1, as last amended by Section 3, Chapter 61, O.S.L. 2020 (70 O.S. Sup p. 2020, Section 18-201.1), which relates to weighted membership of a school district; directing school districts that receive State Aid funds by qualifying for certain weight to use the funds for certain purpose; directing method to report expenditures; p roviding an effective date; and declaring an emergency . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. 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 purp oses 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 ca lculation, the weighted district calculation and the weighted teacher experience an d degree Req. No. 906 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 calculation. The weighted 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, t he weighted pupil 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 nine (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 sh all 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 membe rship 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 an d 4 of this subsection shall be the same as us ed in the calculation of Req. No. 906 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the State Aid Formula. The weighted calculations provided for in subsection A of this section shall be determined as follows: 1. The weighted pupi l grade level calculation shall be determined by taking the highest average daily m embership 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 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 chi ldhood program weight shall be pursua nt 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 Req. No. 906 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 education pursuant to the provisions of subsecti on D of Section 1- 113 of this title. Such wei ght 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 pu pil grade level and any pupil category weights for that student. Provided, 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 fo r such students shall be calculated a s 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 t o 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 Req. No. 906 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 t o such category and add the totals together to determine the weighted pupil categor y 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 paragr aph shall be the lesser of (1) the su m 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 student s 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 Req. No. 906 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 membership of the sch ool district for the preceding school year. For the 1997-98 school year and subseq uent school years, 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 standardi zed 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 distr ict 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 t o 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 calc ulation shall apply only to school districts w hose highest average daily Req. No. 906 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 membership is less than 529 pupils. School districts which are consolidated or annexed after July 1, 2003, pursuant to the Oklahoma School Volunt ary Consolidation and Annexation Act shall have the weighted district size calculat ion 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. Subj ect to the provisions of subparagraph c of thi s 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 calculatio n shall apply only to school districts: (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 den sity. Areal density shall be determined by di viding the Req. No. 906 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 pa ragraph, 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 comput ed 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 Req. No. 906 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Level ADM plus 133, add .85 to the quotient, th en 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 g roup’s average daily membership shall be divid ed 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 ca lculated 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 distri ct from consolidation or annexation. The Board shall make available an application process, review applications, and for districts the Req. No. 906 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Board deems necessary allow additiona l square miles to be used for the purposes of calculations used for the weighted di strict 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 reven ue, 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 proj ected state average per pupil revenue. Provided, in applying the restriction provided in this division, the 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 pro jected per pupil revenue shall be determined b y dividing the highest of Req. No. 906 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the district’s preceding two (2) years average daily membership (ADM) as weighted by the pupil grade level, the pupil category, the district and th e teacher experience degree index cal culations for projected State Aid into the dis trict’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 thi rty-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 p roduction 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 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 Req. No. 906 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assessed valuation for the current calendar y ear 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, gr oss 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: federa l revenue, insurance loss payments, r eimbursements, 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 calculatio n 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 Req. No. 906 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 schoo l 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 teache r experience and degree calculation. C. School districts that receive State Aid funds as a result of qualifying for the “bilingual” pupil category weight pursuant to subparagraph k of paragraph 2 of subsection B of this section shall use the funds to prov ide professional development for teac hers who offer instruction in English as a second l anguage. Expenditures shall be reported using the Oklahoma Cost Accounting System. SECTION 2. This act shall become effective July 1, 2021. SECTION 3. It being immediatel y necessary for the preservation of the public peace, health or safety, an emergency is hereby Req. No. 906 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its passage and appro val. 58-1-906 EB 1/19/2021 9:17:02 AM