ENGR. H. B. NO. 2358 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
ENGROSSED HOUSE
BILL NO. 2358 By: Boles of the House
and
Pemberton of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Sections 18-113.1, 18-113.2, and 18-113.4, which
relate to class size limitations and p enalties;
providing an exception for certain transfer student s;
excepting kindergarten class size penalty for certain
transfer students; providing an ex emption from
certain class size penalties; providing an effective
date; and declaring an emergency.
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 one through three.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily member ship of a school
district for the pur pose of computing and paying state -appropriated
funds if that child is regularly assigned t o a teacher or to a class
that includes more than twenty (20) students.
ENGR. H. B. NO. 2358 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
2. If a class or classes in a grade exceed the class si ze
limitation provided for in this su bsection, the class size
limitation and penalty shall not apply if:
a. the creation of an a dditional 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 se rve with each teacher in
a class that exceeds the class size limitation
provided for in this subsection, or
c. beginning with the 2023-2024 school year, the class
size limitation provided for in this su bsection is
exceeded because the school district received students
transferred in accordance with Sections 8-101 and 8-
113, subsection A of Section 8-101.2 for siblings and
children in foster care , or subsection B of Section 8-
103.1 of this title.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning aft er 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 Stat e Aid formula
as a reduction to State Aid to be deter mined as follows:
ENGR. H. B. NO. 2358 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
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 sch ool year, and
b. Multiply each pupil in excess of the class size
membership limit as provid ed in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparag raphs a and b of this
paragraph.
B. The provisions o f 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 assig ned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or clas ses in a grade exceed the class size
limitation provided for in th is 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 distri ct shall be penalized for exceeding class
size limitations set for th in this subsection if the limitations are
ENGR. H. B. NO. 2358 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
exceeded beginning after the first nine (9) we eks 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:
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 Ba se Foundation Support
Level for the current 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 t wenty (20), and
c. Sum the products of subparagraphs a and b of th is
paragraph.
C. Classes in the following subjects s hall 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 through
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
ENGR. H. B. NO. 2358 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
six, and the provisions of Section 18 -113.3 of this title shall
apply to grades six through twe lve.
E. Any violations of the provisions of this section shall
result in denial of accreditation i n accordance with the
requirements of Section 3 -104.4 of this title.
F. Any school district which at the beginning of the school
year does not have sufficie nt classrooms to meet the class size
limitation provided for in this section as determined by guide lines
established by the State Board of Education shall not be pen alized
for failure to meet the class size limitations provided 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 the issuance of bonds or approva l
by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowab le
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 Equalizatio n
Board for the current school year and certifications
by the Attorney General prior to February 1 of the
current school year; and
ENGR. H. B. NO. 2358 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
b. on the date of filing of the sc hool district budget
with the State Equalization Boar d, 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.
G. Any school district which exceeds the class size limitations
as set forth in this section shall submi t a written report to the
State Board of Education, on or before J uly 1 of each year, setting
forth the procedures that the district will follow in order to
comply with this section.
H. 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 shall be subject to
loss of State Aid for each child i n 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 -
ENGR. H. B. NO. 2358 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
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 thi s subsection, the class size
limitation and penalty shall not appl y if:
a. the creation of an additional 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 t o serve with each teacher in
a class that exceeds the class size l imitation
provided for in this subsection , or
c. beginning with the 2023 -2024 school year, the class
size limitation provided for in this subsection is
exceeded because the school district received students
transferred in accordance with Sections 8-101 and 8-
113, subsection A of Section 8-101.2 for siblings and
children in foster care , or subsection B of Section 8-
103.1 of this title.
3. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitations are
exceeded beginning af ter the first nine (9) weeks of the school
year.
4. Any school district which at the beginning of the school
year does not have sufficient classrooms to meet the class size
ENGR. H. B. NO. 2358 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
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 provided 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 excee ds 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 al lowable
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 Februa ry 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 subsections (a), ( c), (d) and (d-1) of
Section 9 of Article X of the Oklahoma Consti tution
ENGR. H. B. NO. 2358 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
and Section 10 of Article X of the 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 current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraph s 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 stat e-appropriated funds
pursuant to the provisions of Section 18 -112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
ENGR. H. B. NO. 2358 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
SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.4, is
amended to read as follows:
Section 18-113.4 A. Beginning with the 1997 -98 school year,
the penalties for exceeding class size limitations established in
Sections 18-113.1, 18-113.2 and 18-113.3 of this title shall not
apply if the class size limitations, as set forth in said sections,
are exceeded beginning after the first nine (9) weeks of the school
year. If the class size limitations are exceeded during the first
nine (9) weeks, the penalties shall apply.
B. Beginning with the 2023 -2024 school year, the penalties for
exceeding class size limitations established in Sections 18 -113.1,
18-113.2, and 18-113.3 of this title shall not apply if the class
size limitations provided in those sections are exceeded because the
school district received students transferr ed in accordance with
Sections 8-101 and 8-113, subsection A of Section 8-101.2 for
siblings and children in foster care , or subsection B of Section 8-
103.1 of this title.
C. For the purposes of ca lculating class size penalties
established in Sections 1 8-113.1, 18-113.2 and 18-113.3 of this
title, school districts shall use only the full -time-equivalency of
the instructional staff who are under contract to work the f ull
school year in question.
C. D. Beginning July 1, 2003, school districts that
participate in consolidation or annexation pursuant to the
ENGR. H. B. NO. 2358 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
provisions of the Oklahoma School Voluntary Consolidation and
Annexation Act shall be exempt from the provisions o f Sections 18-
113.1, 18-113.2 and 18-113.3 of this title for the year in which the
consolidation or annexation occurs and for the next five (5) fiscal
years.
SECTION 4. This act shall beco me effective July 1, 2023.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate