Oklahoma 2023 Regular Session

Oklahoma House Bill HB2080 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59 th Legislature (2023)
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3232 HOUSE BILL 2080 By: Caldwell (Chad)
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending 70 O.S. 2021,
4141 Section 18-124, which relates to State Aid; removing
4242 certain limitation on administrative services
4343 expenditures; modifying school attendance
4444 requirements for certain limitation; updating
4545 definition for administrative services; deleting
4646 outdated reference; providing an effective date ; and
4747 declaring an emergency .
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 70 O.S. 2021, Section 18 -124, is
5656 amended to read as follows:
5757 Section 18-124. A. Any school district with an average daily
5858 attendance (ADA) of more th an one thousand five hundred (1,50 0)
5959 students for the preceding year which expends for adminis trative
6060 services in the 2005 -06 school year or any school year thereafter,
6161 less expenditures for legal services, more than five percent (5%) of
6262 the amount it expends for total expenditures, less e xpenditures for
6363 legal services, shall have the amount which exceeds the five percent
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9090 (5%) withheld the following year from the Foundation and Salary
9191 Incentive Aid for the school district.
9292 B. Any school district with an av erage daily attendance (ADA)
9393 of more than five hundred (500) students but not more than one
9494 thousand five hundred (1,500) students for the preceding year which
9595 expends for administrative services in the 2005 -06 school year or
9696 any school year thereafter, le ss expenditures for legal services ,
9797 more than seven percent (7%) of the amount it expends for total
9898 expenditures, less expenditures for legal services, shall have the
9999 amount which exceeds the seven percent (7%) withheld the following
100100 year from the Foundati on and Salary Incentive Aid for th e school
101101 district.
102102 C. B. Any school district with an average d aily attendance
103103 (ADA) of five hundred (500) or fewer students for the preceding year
104104 which expends for administrative services in the 2005 -06 school year
105105 or any school year thereafter, less exp enditures for legal services,
106106 more than eight percent (8%) of the amount it expends for total
107107 expenditures, less expenditures for legal services, shall have the
108108 amount which exceeds the eight percent (8%) withheld the following
109109 year from the Foundation and Salary Incentive Aid for the school
110110 district.
111111 D. C. For purposes of this section, "administrative services "
112112 means costs associated with:
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139139 1. Staff expenditures for the administration of schools and
140140 school districts including, but not limited to, expenditures for the
141141 board of education;
142142 2. The secretary/clerk for the board of education;
143143 3. Staff relations;
144144 4. Negotiations staff;
145145 5. Immediate staff of the superintendent, any elementary
146146 superintendent or any assistant su perintendent;
147147 6. Any superintende nt, elementary superintendent, or assistant
148148 superintendent;
149149 7. Any employee of a school district employed as a director,
150150 coordinator, supervisor, or who has responsibility for
151151 administrative functions of a school district ; and
152152 8. Any consultant hired by the school district administration
153153 of school districts, superintendent and other school district
154154 administrative employees and support staff , principals and other
155155 school administrative emplo yees and administrative support staff,
156156 full-time department chair persons, graduation expenses, and business
157157 and central offices expenditures including, but not limited to,
158158 fiscal services, budgeting, payroll, purchasing, storage, mate rial
159159 distribution, planning, research, evaluation, staf f recruitment, and
160160 data processing.
161161 E. D. If an employee of a school district is employed in a
162162 position where part of the employee 's time is spent as an
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189189 administrator and part of the time is spen t in nonadministrative
190190 functions, the percentage of time spe nt as an administrator shall be
191191 included as administrative services. A superintendent who spends
192192 part of the time performing exempted nonadministrative services such
193193 as teaching in the classroom, serving as a principal, counselor, or
194194 library media special ist, can code up to forty percent (40%) of
195195 their salary to other nonadministrative functions. The total amount
196196 of time a superintendent of a school district spends performing
197197 services for a schoo l district shall be included as administrative
198198 services even if part of the time the superinte ndent is performing
199199 nonexempted nonadministrative service functions . The total amount
200200 received by a superintendent from the school district as salary, for
201201 the performance of administrative and nonexempted nonadministrativ e
202202 services, shall be recorded unde r the code for superintendent salary
203203 as provided for in the Oklahoma Cost Accounting System.
204204 F. E. Each school site within a school district shall take
205205 steps to ensure that the administrative costs for the school comply
206206 with the expenditure limits establi shed for school districts in this
207207 section.
208208 G. F. Funds withheld pursuant to the provisions of this section
209209 shall be distributed through the State Aid formula to the di stricts
210210 not so penalized.
211211 H. For the 2003-04 and 2004-05 school year, school districts
212212 shall report to the State Department of Education the costs
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239239 associated with administrative services for the school district as
240240 defined in subsection D of this section.
241241 SECTION 2. This act shall become effe ctive July 1, 2023.
242242 SECTION 3. It being immediately necessary for the preservation
243243 of the public peace, health or safety, an emergency is hereby
244244 declared to exist, by reason whereof thi s act shall take effect and
245245 be in full force from and after its passage and approval.
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247247 59-1-7061 EK 01/16/23