Oklahoma 2023 Regular Session

Oklahoma House Bill HB2358 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2358 Page 1 1
	3	+	HB2358 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2358 By: Boles of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (20 23)
	34	+
	35	+	HOUSE BILL 2358 By: Boles of the House
30	36
31	37		and
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33	39		Pemberton of the Senate
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	45	+	AS INTRODUCED
39	46
40	47		An Act relating to schools; amending 70 O.S. 2021,
41	48		Sections 18-113.1, 18-113.2, and 18-113.4, which
42	49		relate to class size limitations and p enalties;
43	50		providing an exception for certain transfer student s;
44	51		excepting kindergarten class size penalty for certain
45	52		transfer students; providing an ex emption from
46	53		certain class size penalties; providing an effective
47	54		date; and declaring an emergency.
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54	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	62		SECTION 1. AMENDATORY 70 O.S. 2021, Section 18 -113.1, is
56	63		amended to read as follows:
57	64		Section 18-113.1 A. The provisions of this subsection shall
58	65		apply only to grades one through three.
59	66		1. Except as otherwise provided for in this section, no child
60	67		shall be included in the average daily member ship of a school
61	68		district for the pur pose of computing and paying state -appropriated
62		-	funds if that child is regularly assigned t o a teacher or to a class
63		-	that includes more than twenty (20) students.
64	69
65		-	ENGR. H. B. NO. 2358 Page 2 1
	70	+	HB2358 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	funds if that child is regularly assigned t o a teacher or to a class
	97	+	that includes more than twenty (20) students.
90	98		2. If a class or classes in a grade exceed the class si ze
91	99		limitation provided for in this su bsection, the class size
92	100		limitation and penalty shall not apply if:
93	101		a. the creation of an a dditional class would cause a
94	102		class to have fewer than ten (10) students ;, and
95	103		b. a teacher's assistant, as defined in Section 6 -127 of
96	104		this title, is employed to se rve with each teacher in
97	105		a class that exceeds the class size limitation
98	106		provided for in this subsection, or
99	107		c. beginning with the 2023 -2024 school year, the class
100	108		size limitation provided for in this su bsection is
101	109		exceeded because the school district received students
102	110		transferred in accordance with Sections 8-101 and 8-
103	111		113, subsection A of Section 8-101.2 for siblings and
104	112		children in foster care , or subsection B of Section 8-
105	113		103.1 of this title.
106	114		3. No school district shall be penalized for exceeding class
107	115		size limitations set forth in this subsection if the limitations are
108	116		exceeded beginning aft er the first nine (9) weeks of the school
109	117		year.
110		-	Any school district found to be in violation of the provisions
111		-	of this subsection shall receive a penalty in the Stat e Aid formula
112		-	as a reduction to State Aid to be deter mined as follows:
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114		-	ENGR. H. B. NO. 2358 Page 3 1
	119	+	HB2358 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	Any school district found to be in violation of the provisions
	146	+	of this subsection shall receive a penalty in the Stat e Aid formula
	147	+	as a reduction to State Aid to be deter mined as follows:
139	148		a. Multiply each pupil in excess of the class size
140	149		membership limit as provided in this subsection by the
141	150		grade level weight and by the Base Foundation Support
142	151		Level for the current sch ool year, and
143	152		b. Multiply each pupil in excess of the class size
144	153		membership limit as provid ed in this subsection by the
145	154		grade level weight and by the Incentive Aid guarantee
146	155		for the current school year times twenty (20), and
147	156		c. Sum the products of subparag raphs a and b of this
148	157		paragraph.
149	158		B. The provisions o f this subsection shall apply only to grades
150	159		four through six.
151	160		1. Except as otherwise provided for in this section, no child
152	161		shall be included in the average daily membership of a school
153	162		district for the purpose of computing and paying state -appropriated
154	163		funds if that child is regularly assig ned to a teacher or to a class
155	164		that includes more than twenty (20) students.
156	165		2. If a class or clas ses in a grade exceed the class size
157	166		limitation provided for in th is subsection, the class size
158	167		limitation and penalty shall not apply if the creation of an
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	169	+	HB2358 HFLR Page 4
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159	195		additional class would cause a class to have fewer than sixteen (16)
160	196		students.
161	197		3. No school distri ct shall be penalized for exceeding class
162	198		size limitations set for th in this subsection if the limitations are
	199	+	exceeded beginning after the first nine (9) we eks of the school
	200	+	year.
	201	+	4. Any school district found to be in violation of the
	202	+	provisions of this subsection shall receive a penalty in the State
	203	+	Aid formula as a reduction to State Aid to be determined as follows:
	204	+	a. Multiply each pupil in excess of the class size
	205	+	membership limit as provided in this subsection by the
	206	+	grade level weight and by the Ba se Foundation Support
	207	+	Level for the current school year, and
	208	+	b. Multiply each pupil in excess of the class size
	209	+	membership limit as provided in this subsecti on by the
	210	+	grade level weight and by the Incentive Aid guarantee
	211	+	for the current school year times t wenty (20), and
	212	+	c. Sum the products of subparagraphs a and b of th is
	213	+	paragraph.
	214	+	C. Classes in the following subjects s hall not be subject to
	215	+	the class size limitations provided for in subsections A and B of
	216	+	this section:
	217	+	1. Physical education; and
	218	+	2. Chorus, band, orchestra and similar music classes.
163	219
164		-	ENGR. H. B. NO. 2358 Page 4 1
	220	+	HB2358 HFLR Page 5
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	246	+	D. If a school district groups its grades as grades one through
	247	+	five, grades six through eight, and grades nine through twelve, then
	248	+	as to such district the provisions of subsection B of this section
	249	+	shall apply to grades four and five rather than grades four through
	250	+	six, and the provisions of Section 18 -113.3 of this title shall
	251	+	apply to grades six through twe lve.
	252	+	E. Any violations of the provisions of this section shall
	253	+	result in denial of accreditation i n accordance with the
	254	+	requirements of Section 3 -104.4 of this title.
	255	+	F. Any school district which at the beginning of the school
	256	+	year does not have sufficie nt classrooms to meet the class size
	257	+	limitation provided for in this section as determined by guide lines
	258	+	established by the State Board of Education shall not be pen alized
	259	+	for failure to meet the class size limitations provided for in this
	260	+	section if:
	261	+	a. the school district has voted indebtedness, at any
	262	+	time within the five (5) years preceding the year the
	263	+	district exceeds the class size limitations or during
	264	+	the year the district exceeds the class size
	265	+	limitations, through the issuance of bonds or approva l
	266	+	by voters of issuance of new bonds for more than
	267	+	eighty-five percent (85%) of the maximum allowab le
	268	+	pursuant to the provisions of Section 26 of Article X
	269	+	of the Oklahoma Constitution as shown on the school
	270	+
	271	+	HB2358 HFLR Page 6
	272	+	BOLD FACE denotes Committee Amendments. 1
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	297	+	district budget filed with the State Equalizatio n
	298	+	Board for the current school year and certifications
	299	+	by the Attorney General prior to February 1 of the
	300	+	current school year; and
	301	+	b. on the date of filing of the sc hool district budget
	302	+	with the State Equalization Boar d, the school district
	303	+	is voting the maximum millage allowable for the
	304	+	support, maintenance and construction of schools as
	305	+	provided for in subsections (a), (c), (d) and (d -1) of
	306	+	Section 9 of Article X of the Oklahoma Constitution
	307	+	and Section 10 of Article X of the Oklahoma
	308	+	Constitution.
	309	+	G. Any school district which exceeds the class size limitations
	310	+	as set forth in this section shall submi t a written report to the
	311	+	State Board of Education, on or before J uly 1 of each year, setting
	312	+	forth the procedures that the district will follow in order to
	313	+	comply with this section.
	314	+	H. School districts which receive state -appropriated funds
	315	+	pursuant to the provisions of Section 18 -112.2 of this title and do
	316	+	not comply with the provisions of this section shall be subject to
	317	+	loss of State Aid for each child i n excess of the class size
	318	+	limitations specified in this section.
	319	+	SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
	320	+	amended to read as follows:
	321	+
	322	+	HB2358 HFLR Page 7
	323	+	BOLD FACE denotes Committee Amendments. 1
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	348	+	Section 18-113.2 A. The provisions of this section shall apply
	349	+	only to kindergarten.
	350	+	1. No child shall be included in the average daily membership
	351	+	of a school district for the purpose of computing and paying state -
	352	+	appropriated funds if that child is regularly assigned to a teacher
	353	+	or to a class that includes more than twenty (20) students.
	354	+	2. If a class or classes in a grade exceed the class size
	355	+	limitation provided for in thi s subsection, the class size
	356	+	limitation and penalty shall not appl y if:
	357	+	a. the creation of an additional class would cause a
	358	+	class to have fewer than ten (10 ) students;, and
	359	+	b. a teacher's assistant, as defined in Section 6 -127 of
	360	+	this title, is employed t o serve with each teacher in
	361	+	a class that exceeds the class size l imitation
	362	+	provided for in this subsection , or
	363	+	c. beginning with the 2023 -2024 school year, the class
	364	+	size limitation provided for in this su bsection is
	365	+	exceeded because the school district received students
	366	+	transferred in accordance with Sections 8-101 and 8-
	367	+	113, subsection A of Section 8-101.2 for siblings and
	368	+	children in foster care , or subsection B of Section 8-
	369	+	103.1 of this title.
	370	+	3. No school district shall be penalized for exceeding class
	371	+	size limitations set forth in this section if the limitations are
	372	+
	373	+	HB2358 HFLR Page 8
	374	+	BOLD FACE denotes Committee Amendments. 1
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189	399		exceeded beginning af ter the first nine (9) weeks of the school
190	400		year.
191		-	4. Any school district ~~found to be in violation~~ of the
192		-	~~provisions of this subsection shall receive a penalty in~~ the ~~State~~
193		-	~~Aid formula~~ as ~~a reduction to State Aid to be~~ determined ~~as follows:~~
194		-	~~a. Multiply each pupil in excess~~ of ~~the class size~~
195		-	~~membership limit as~~ provided in this ~~subsection by the~~
196		-	~~grade level weight and by the Ba se Foundation Support~~
197		-	~~Level for~~ the ~~current~~ school ~~year~~, ~~and~~
198		-	~~b. Multiply each pupil in excess of~~ the ~~class size~~
199		-	~~membership limit as provided in this subsecti on by~~ the
200		-	~~grade level weight and by~~ the ~~Incentive Aid guarantee~~
201		-	~~for~~ the ~~current school year times t wenty (20), and~~
202		-	~~c. Sum the products~~ of ~~subparagraphs a and b~~ of ~~th is~~
203		-	~~paragraph.~~
204		-	~~C. Classes in~~ the ~~following subjects s hall not be subject to~~
205		-	the ~~class size limitations provided for in subsections A and B of~~
206		-	~~this section:~~
207		-	~~1. Physical education;~~ and
208		-	~~2. Chorus,~~ ~~band, orchestra and similar music classes.~~
209		-	~~D. If a~~ school ~~district groups its grades as grades one through~~
210		-	~~five, grades six through eight,~~ ~~and grades nine through twelve,~~ ~~then~~
211		-	~~as to such~~ district ~~the provisions of subsection B of this section~~
212		-	~~shall apply to grades four and five rather than grades four through~~
	401	+	4. Any school district which at the beginning of the school
	402	+	year does not have sufficient classrooms to meet the class size
	403	+	limitation provided for in this section as determined by guidelines
	404	+	established by the State Board of Education shall not be penalized
	405	+	for failure to meet the class size limitations provided for in this
	406	+	section if:
	407	+	a. the school district has voted indebtedness, at any
	408	+	time within the five (5) years preceding the year the
	409	+	district exceeds the class size limitations or during
	410	+	the year the district excee ds the class size
	411	+	limitations, through the issuance of bonds or approval
	412	+	by voters of issuance of new bonds for more than
	413	+	eighty-five percent (85%) of the maximum al lowable
	414	+	pursuant to the provisions of Section 26 of Article X
	415	+	of the Oklahoma Constitution as shown on the school
	416	+	district budget filed with the State Equalization
	417	+	Board for the current school year and certifications
	418	+	by the Attorney General prior to Februa ry 1 of the
	419	+	current school year; and
	420	+	b. on the date of filing of the school district budget
	421	+	with the State Equalization Board, the school district
	422	+	is voting the maximum millage allowable for the
213	423
214		-	ENGR. H. B. NO. 2358 Page 5 1
	424	+	HB2358 HFLR Page 9
	425	+	BOLD FACE denotes Committee Amendments. 1
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238	449
239		-	six, and the provisions of Section 18 -113.3 of this title shall
240		-	apply to grades six through twe lve.
241		-	E. Any violations of the provisions of this section shall
	450	+	support, maintenance and construction of schools as
	451	+	provided for in subsections (a), ( c), (d) and (d-1) of
	452	+	Section 9 of Article X of the Oklahoma Consti tution
	453	+	and Section 10 of Article X of the Oklahoma
	454	+	Constitution.
	455	+	5. Any school district found to be in violation of the
	456	+	provisions of this subsection shall receive a penalty in the State
	457	+	Aid formula as a reduction to State Aid to be determined as follows:
	458	+	a. Multiply each pupil in excess of the class size
	459	+	membership limit as provided in this subsection by the
	460	+	grade level weight and by the Base Foundation Support
	461	+	Level for the current school year, and
	462	+	b. Multiply each pupil in excess of the class size
	463	+	membership limit as provided in this subsection by the
	464	+	grade level weight and by the Incentive Aid guarantee
	465	+	for the current school year times twenty (20), and
	466	+	c. Sum the products of subparagraph s a and b of this
	467	+	paragraph.
	468	+	B. Any violations of the provisions of this section shall
242	469		result in denial of accreditation in accordance with the
243	470		requirements of Section 3 -104.4 of this title.
244		-	F. Any school district which at the beginning of the school
245		-	year does not have sufficie nt classrooms to meet the class size
246		-	limitation provided for in this section as determined by guide lines
247		-	established by the State Board of Education shall not be pen alized
248		-	for failure to meet the class size limitations provided for in this
249		-	section if:
250		-	a. the school district has voted indebtedness, at any
251		-	time within the five (5) years preceding the year the
252		-	district exceeds the class size limitations or during
253		-	the year the district exceeds the class size
254		-	limitations, through the issuance of bonds or approva l
255		-	by voters of issuance of new bonds for more than
256		-	eighty-five percent (85%) of the maximum allowab le
257		-	pursuant to the provisions of Section 26 of Article X
258		-	of the Oklahoma Constitution as shown on the school
259		-	district budget filed with the State Equalizatio n
260		-	Board for the current school year and certifications
261		-	by the Attorney General prior to February 1 of the
262		-	current school year; and
	471	+	C. School districts which receive stat e-appropriated funds
	472	+	pursuant to the provisions of Section 18 -112.2 of this title and do
	473	+	not comply with the provisions of this section shall be subject to
263	474
264		-	ENGR. H. B. NO. 2358 Page 6 1
	475	+	HB2358 HFLR Page 10
	476	+	BOLD FACE denotes Committee Amendments. 1
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289		-	b. on the date of filing of the sc hool district budget
290		-	with the State Equalization Boar d, the school district
291		-	is voting the maximum millage allowable for the
292		-	support, maintenance and construction of schools as
293		-	provided for in subsections (a), (c), (d) and (d -1) of
294		-	Section 9 of Article X of the Oklahoma Constitution
295		-	and Section 10 of Article X of the Oklahoma
296		-	Constitution.
297		-	G. Any school district which exceeds the class size limitations
298		-	as set forth in this section shall submi t a written report to the
299		-	State Board of Education, on or before J uly 1 of each year, setting
300		-	forth the procedures that the district will follow in order to
301		-	comply with this section.
302		-	H. School districts which receive state -appropriated funds
303		-	pursuant to the provisions of Section 18 -112.2 of this title and do
304		-	not comply with the provisions of this section shall be subject to
305	501		loss of State Aid for each child in excess of the class size
306	502		limitations specified in this section.
307		-	SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
	503	+	SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.4, is
308	504		amended to read as follows:
309		-	Section 18-113.2 A. The provisions of this section shall apply
310		-	only to kindergarten.
311		-	1. No child shall be included in the average daily membership
312		-	of a school district for the purpose of computing and paying state -
	505	+	Section 18-113.4 A. Beginning with the 1997 -98 school year,
	506	+	the penalties for exceeding class size limitations established in
	507	+	Sections 18-113.1, 18-113.2 and 18-113.3 of this title shall not
	508	+	apply if the class size limitations, as set forth in said sections,
	509	+	are exceeded beginning after the first nine (9) weeks of the school
	510	+	year. If the class size limitations are exceeded during the first
	511	+	nine (9) weeks, the penalties shall apply.
	512	+	B. Beginning with the 2023 -2024 school year, the penalties for
	513	+	exceeding class size limitations established in Sections 18 -113.1,
	514	+	18-113.2, and 18-113.3 of this title shall not apply if the class
	515	+	size limitations provided in those sections are exceeded because the
	516	+	school district received students transferr ed in accordance with
	517	+	Sections 8-101 and 8-113, subsection A of Section 8-101.2 for
	518	+	siblings and children in foster care , or subsection B of Section 8-
	519	+	103.1 of this title.
	520	+	C. For the purposes of ca lculating class size penalties
	521	+	established in Sections 1 8-113.1, 18-113.2 and 18-113.3 of this
	522	+	title, school districts shall use only the full -time-equivalency of
	523	+	the instructional staff who are under contract to work the f ull
	524	+	school year in question.
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339		-	appropriated funds if that child is regularly assigned to a teacher
340		-	or to a class that includes more than twenty (20) students.
341		-	2. If a class or classes in a grade exceed the class size
342		-	limitation provided for in thi s subsection, the class size
343		-	limitation and penalty shall not appl y if:
344		-	a. the creation of an additional class would cause a
345		-	class to have fewer than ten (10 ) students;, and
346		-	b. a teacher's assistant, as defined in Section 6 -127 of
347		-	this title, is employed t o serve with each teacher in
348		-	a class that exceeds the class size l imitation
349		-	provided for in this subsection , or
350		-	c. beginning with the 2023 -2024 school year, the class
351		-	size limitation provided for in this subsection is
352		-	exceeded because the school district received students
353		-	transferred in accordance with Sections 8-101 and 8-
354		-	113, subsection A of Section 8-101.2 for siblings and
355		-	children in foster care , or subsection B of Section 8-
356		-	103.1 of this title.
357		-	3. No school district shall be penalized for exceeding class
358		-	size limitations set forth in this section if the limitations are
359		-	exceeded beginning af ter the first nine (9) weeks of the school
360		-	year.
361		-	4. Any school district which at the beginning of the school
362		-	year does not have sufficient classrooms to meet the class size
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389		-	limitation provided for in this section as determined by guidelines
390		-	established by the State Board of Education shall not be penalized
391		-	for failure to meet the class size limitations provided for in this
392		-	section if:
393		-	a. the school district has voted indebtedness, at any
394		-	time within the five (5) years preceding the year the
395		-	district exceeds the class size limitations or during
396		-	the year the district excee ds the class size
397		-	limitations, through the issuance of bonds or approval
398		-	by voters of issuance of new bonds for more than
399		-	eighty-five percent (85%) of the maximum al lowable
400		-	pursuant to the provisions of Section 26 of Article X
401		-	of the Oklahoma Constitution as shown on the school
402		-	district budget filed with the State Equalization
403		-	Board for the current school year and certifications
404		-	by the Attorney General prior to Februa ry 1 of the
405		-	current school year; and
406		-	b. on the date of filing of the school district budget
407		-	with the State Equalization Board, the school district
408		-	is voting the maximum millage allowable for the
409		-	support, maintenance and construction of schools as
410		-	provided for in subsections (a), ( c), (d) and (d-1) of
411		-	Section 9 of Article X of the Oklahoma Consti tution
412		-
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438		-	and Section 10 of Article X of the Oklahoma
439		-	Constitution.
440		-	5. Any school district found to be in violation of the
441		-	provisions of this subsection shall receive a penalty in the State
442		-	Aid formula as a reduction to State Aid to be determined as follows:
443		-	a. Multiply each pupil in excess of the class size
444		-	membership limit as provided in this subsection by the
445		-	grade level weight and by the Base Foundation Support
446		-	Level for the current school year, and
447		-	b. Multiply each pupil in excess of the class size
448		-	membership limit as provided in this subsection by the
449		-	grade level weight and by the Incentive Aid guarantee
450		-	for the current school year times twenty (20), and
451		-	c. Sum the products of subparagraph s a and b of this
452		-	paragraph.
453		-	B. Any violations of the provisions of this section shall
454		-	result in denial of accreditation in accordance with the
455		-	requirements of Section 3 -104.4 of this title.
456		-	C. School districts which receive stat e-appropriated funds
457		-	pursuant to the provisions of Section 18 -112.2 of this title and do
458		-	not comply with the provisions of this section shall be subject to
459		-	loss of State Aid for each child in excess of the class size
460		-	limitations specified in this section.
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487		-	SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.4, is
488		-	amended to read as follows:
489		-	Section 18-113.4 A. Beginning with the 1997 -98 school year,
490		-	the penalties for exceeding class size limitations established in
491		-	Sections 18-113.1, 18-113.2 and 18-113.3 of this title shall not
492		-	apply if the class size limitations, as set forth in said sections,
493		-	are exceeded beginning after the first nine (9) weeks of the school
494		-	year. If the class size limitations are exceeded during the first
495		-	nine (9) weeks, the penalties shall apply.
496		-	B. Beginning with the 2023 -2024 school year, the penalties for
497		-	exceeding class size limitations established in Sections 18 -113.1,
498		-	18-113.2, and 18-113.3 of this title shall not apply if the class
499		-	size limitations provided in those sections are exceeded because the
500		-	school district received students transferr ed in accordance with
501		-	Sections 8-101 and 8-113, subsection A of Section 8-101.2 for
502		-	siblings and children in foster care , or subsection B of Section 8-
503		-	103.1 of this title.
504		-	C. For the purposes of ca lculating class size penalties
505		-	established in Sections 1 8-113.1, 18-113.2 and 18-113.3 of this
506		-	title, school districts shall use only the full -time-equivalency of
507		-	the instructional staff who are under contract to work the f ull
508		-	school year in question.
509	552		C. D. Beginning July 1, 2003, school districts that
510	553		participate in consolidation or annexation pursuant to the
511		-
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537	554		provisions of the Oklahoma School Voluntary Consolidation and
538	555		Annexation Act shall be exempt from the provisions o f Sections 18-
539	556		113.1, 18-113.2 and 18-113.3 of this title for the year in which the
540	557		consolidation or annexation occurs and for the next five (5) fiscal
541	558		years.
542	559		SECTION 4. This act shall beco me effective July 1, 2023.
543	560		SECTION 5. It being immediately necessary for the preservation
544	561		of the public peace, health or safety, an emergency is hereby
545	562		declared to exist, by reason whereof thi s act shall take effect and
546	563		be in full force from and after its passage and approval.
547		-	Passed the House of Representatives the 7th day of March, 2023.
548	564
549		-
550		-
551		-
552		-	Presiding Officer of the House
553		-	of Representatives
554		-
555		-
556		-	Passed the Senate the ___ day of __________, 2023.
557		-
558		-
559		-
560		-
561		-	Presiding Officer of the Senate
562		-
563		-
	565	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/21/2023
	566	+	- DO PASS, As Coauthored.