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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2672 By: Baker and West (Tammy) of
the House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 6-194, as amended by Section 1 , Chapter 211,
O.S.L. 2022 (70 O.S. Supp. 2022, Section 6-194),
which relates to professional development programs;
**** amending 70 O.S. 2021, Sections 1210.508C and
1210.508D, which relate to the Reading Sufficiency
Act; **** providing funding for students enrolled in
kindergarten and first, second, and third grades;
**** establishing minimum criteria for team
employees; **** providing for codification; provi ding
an effective date; and declaring an emergency .
AUTHOR: Add the following Senate Coauthors: Thompson (Kristen),
Bergstrom, Haste, Stanley, Weaver, Coleman, Garvin,
Newhouse, Daniels, Pederson, Bullard, Rogers, Pemberton,
Stephens, Rader, Seifried, and Woods
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to schools; making an appropriation
to the State Board of Education; providing purpose;
prohibiting use of funds for certain purpose;
establishing minimum salary schedule for teachers;
defining fringe benefits; specifying certain
recognition of college degrees; requir ing the State
Board of Education to accept certain teaching
experience; requiring certain notification; limiting
teaching credit for certain service and experience;
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allowing school district to offer more credit;
directing the Board to recognize certain exp eriences;
prohibiting application of minimum salary schedule to
certain retired teachers; requiring certain certified
personnel to receive certain salary increase above
certain level paid during certain school year;
directing persons employed in certain ca pacities at
technology center school districts, Department of
Corrections facilities, and Office of Juvenile
Affairs facilities to receive certain salary
increase; directing certain certified and support
personnel to receive a one -time stipend during
certain school year; directing persons employed in
certain capacities at technology center school
districts, Department of Corrections facilities, and
Office of Juvenile Affairs facilities to receive a
one-time stipend during certain school year; amending
70 O.S. 2021, Section 6-190, as amended by Section 3,
Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2022, Section
6-190), which relates to teacher certification;
removing language allowing the establishment of
advanced, lead, and master certificates; amending
Section 2, Chapter 359, O.S.L. 2022 (70 O.S. Supp.
2022, Section 6-190.2), which relates to creation of
the Teacher Empowerment Revolving Fund; modifying
entity for which fund was created; clarifying source
of funds; modifying purpose of fund; defining terms;
directing the State Department of Education to create
the Rewarding Excellent Educators Grant Program;
providing purpose; providing eligibility for grant
funds; providing for award of funds on certain basis;
directing use of grants; limiting the number of
certain teachers and support employees that may
receive certain bonuses; providing maximum bonus
amount; amending 70 O.S. 2021, Section 18 -200.1, as
last amended by Section 2, Chapter 488, O.S.L. 2021,
which relates to allocation of State Aid; updating
statutory language; increasing transportation factor;
amending 70 O.S. 2021, Section 18 -201.1, which
relates to calculation of weighted membership;
modifying certain category weights; updating
statutory language; providing for noncodification;
providing for codification; providing an effective
date; and declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. There is hereby appropriated to the State Board of
Education from any monies not otherwise appropriated f rom the
General Revenue Fund of the State Treasury for the fiscal year
beginning July 1, 2023, the sum of Five Hundred Million Dollars
($500,000,000.00) for the financial support of public schools.
These monies shall be used to implement the provisions of Section 2
of this act and to provide student supports. Monies appropriated
pursuant to this section shall not b e used to provide a bonus or
salary increase to an administrator, as defined by Section 6 -101.3
of Title 70 of the Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18-114.15 of Title 70, unless
there is created a duplic ation in numbering, reads as follows:
A. Beginning with the 2023-2024 school year, certified
personnel, as defined in Section 26-103 of Title 70 of the Oklahoma
Statutes, in the public schools of Oklahoma shall receive in salary
and/or fringe benefits not less than the amounts specified in the
following schedule:
MINIMUM SALARY SCHEDULE
National
Years of Bachelor’s Board Master’s Doctor’s
Experience Degree Certification Degree Degree
0 $40,601 $41,759 $41,991 $43,381
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1 $41,035 $42,193 $42,425 $43,815
2 $41,469 $42,628 $42,859 $44,249
3 $41,904 $43,062 $43,294 $44,684
4 $42,338 $43,496 $43,728 $45,118
5 $42,810 $43,968 $44,200 $45,590
6 $44,273 $45,432 $45,663 $47,054
7 $44,737 $45,895 $46,127 $47,517
8 $45,200 $46,358 $46,590 $47,980
9 $45,663 $46,822 $47,054 $48,444
10 $46,684 $47,844 $48,568 $50,945
11 $48,177 $49,336 $50,061 $52,438
12 $48,670 $49,829 $50,554 $52,931
13 $49,162 $50,322 $51,047 $53,424
14 $49,655 $50,815 $51,539 $53,916
15 $50,167 $51,327 $52,052 $54,430
16 $51,660 $52,820 $53,545 $55,923
17 $52,153 $53,313 $54,038 $56,416
18 $52,646 $53,806 $54,531 $56,909
19 $53,139 $54,299 $55,024 $57,402
20 $53,652 $54,813 $55,538 $57,917
21 $55,145 $56,306 $57,031 $59,410
22 $55,639 $56,799 $57,524 $59,903
23 $56,132 $57,292 $58,018 $60,397
24 $56,625 $57,785 $58,511 $60,890
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25 $58,049 $59,232 $59,971 $62,395
Master’s Degree +
Years of National Board
Experience Certif ication
0 $43,149
1 $43,583
2 $44,018
3 $44,452
4 $44,886
5 $45,358
6 $46,822
7 $47,285
8 $47,749
9 $48,212
10 $49,728
11 $51,221
12 $51,713
13 $52,206
14 $52,699
15 $53,212
16 $54,705
17 $55,198
18 $55,691
19 $56,184
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20 $56,698
21 $58,192
22 $58,685
23 $59,178
24 $59,671
25 $61,153
B. 1. When determining the Minimum Salary Schedule, “fringe
benefits” shall mean all or part of retirement b enefits, excluding
the contributions made pursuant to subsection A of Section 17-108.1
of Title 70 of the Oklahoma Sta tutes and the flexible benefit
allowance pursuant to Section 26 -105 of Title 70 of the Oklahoma
Statutes from the flexible benefit allowan ce funds disbursed by the
State Board of Education and the State Board of Career and
Technology Education pursuant to Section 26-104 of Title 70 of the
Oklahoma Statutes.
2. If a school district intends to provide re tirement benefits
to a teacher such tha t the teacher’s salary would be less than the
amounts set forth in the minimum salary sc hedule specified in
subsection A of this section, the district shall be required to
provide written notification to the teacher p rior to his or her
employment or, if al ready employed by the district, no later than
thirty (30) days prior to the date the dis trict elects to provide
retirement benefits such that the teacher’s salary would be less
than the minimum salary schedule.
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C. Any of the degrees referred to in this se ction shall be from
a college recognized by the State Board of Education. The Board
shall accept teaching experience from out-of-state school districts
that are accredited by the State Board of Education or appropria te
state accrediting agency for the dis tricts. The Board shall accept
teaching experience from out-of-country schools that are accredited
or otherwise endorsed by the appropriate national or regional
accrediting or endorsement authority. Out -of-country certification
documentation in a languag e other than English shall be analyzed by
an educational credential evaluation service i n accordance with
industry standards and guidelines and approved by the State
Department of Education. The person seeking to hav e credit granted
for out-of-country teaching experience shall be responsible for all
costs of the analysis by a credential eval uation service. The Board
shall accept teaching experience from primary and secondary schools
that are operated by the United St ates Department of Defense or are
affiliated with the United States Department of State.
D. For the purpose of state salary in crements and retirement,
no teacher shall be granted credit for more than five (5) years of
active duty in the military service o r out-of-state or out-of-
country teaching experience as a certified teacher or its
equivalent. Nothing in this section shall p rohibit boards of
education from crediting more years of experience on district salary
schedules than those allowed for state pur poses.
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E. The State Board of Education shall recognize, for purposes
of certification and salary increments, all the years of experience
of a:
1. Certified teacher who teaches in the educational program of
the Department of Corrections, beginning with fi scal year 1981;
2. Vocational rehabili tation counselor under the Department of
Human Services if the counselor was employed as a certified teacher
by the State Department of Education when the Division of Vocational
Rehabilitation was transferred from the State Board of Career and
Technology Education or the State Board of Education to the Oklahoma
Public Welfare Commission on Ju ly 1, 1968;
3. Vocational rehabilitation counselor which were completed
while employed by the Department of Human Services if su ch counselor
was certified as a teacher or was eligible for certification as a
teacher in Oklahoma;
4. Certified teacher which were completed while employed by the
Child Study Center located at University Hospital, if the teacher
was certified as a teache r in Oklahoma; and
5. Certified school psychologist or psychometrist which were
completed while employed as a doctoral intern, psychological
assistant, or psychologist with any agency of the State of Oklahoma
if the experience primarily involved work with persons of school- or
preschool-age and if the person was, at the time the experience was
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acquired, certified as, or eligible for certification as, a school
psychologist or psychometrist.
F. The provisions of this section shall not apply to teachers
who have entered into postretirement employ ment with a public school
in Oklahoma and are still receiving a monthly retirement benef it.
G. If a person employed a s certified personnel, as defined in
Section 26-103 of Title 70 of the Oklahoma Statutes, by a scho ol
district during the 2022 -2023 school year was receiving a salary
above the step level indicated by the State Minimum Salary Schedule
for the 2022-2023 school year, the person shall receive a salary
increase amount equal to the amount indicated in subsec tion A for
the step level indicated for the person, provided they remain
employed by the same district, unless the hours or the duties of the
certified personnel are reduced proportionately. The salary
increase provided for in subsection A of this section shall be in
addition to, and not as a replacement for, the step increase
indicated for the certified personnel pursuant to the State Minimum
Salary Schedule, as provided for in this act.
H. If a school district does not receive Foundation or Salary
Incentive Aid pursuant to Section 18 -200.1 of Title 70 of the
Oklahoma Statutes, funds shall be allocated by the State Board of
Education to implement the salary increases indicated in subsection
A of this section.
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I. Persons employed as classroom instructional employees of
technology center school districts supervised by the State Board of
Career and Technology Education shall receive a salary increase
amount equal to the amount in dicated in subsection A of this section
for the step level indicated for the person, provided they remain
employed by the same technology center school district, unless the
hours or the duties of the classroom instructional employees are
reduced proportionately.
J. Persons employed as correctional teachers or vocational
instructors by the Department of Corrections pursuant to Section
510.6a of Title 57 of the Oklahoma Statutes or persons employed as
teachers by the Office of Juvenile Affairs shall receive a salary
increase amount equa l to the amount indicated in subsection A of
this section for the step level indicated for the person, provided
they remain employed by the same Department of Corrections or Office
of Juvenile Affairs facility, unless the hours or the duties of the
correctional teachers, vocational instructors, or teachers are
reduced proportionately.
SECTION 3. NEW LAW A new se ction of law not to be
codified in the Oklahoma Statutes reads as follows:
A. During the 2023-2024 school year, all certified personnel ,
as defined in Section 26 -103 of Title 70 of the Oklahoma Statutes,
who were employed full time by a school district during the 2022-
2023 school year shall receive a one -time stipend of Three Thousand
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Dollars ($3,000.00), provided they remain employed full time by the
school district.
B. During the 2023-2024 school year, all support personnel, as
defined in Section 26-103 of Title 70 of the Oklahoma Statutes,
shall receive a one-time stipend of Three Thousand Dollars
($3,000.00). This amount shall be prorated for part -time support
personnel.
C. During the 2023-2024 school year, persons employed as
classroom instructional employees of technology center school
districts supervised by the State Board of Career and Technology
Education who were employed full time by a technology center school
district during the 2022 -2023 school year shall receive a one-time
stipend of Three Thousand Dollars ($3,000.00), provided they remain
employed full time by the techn ology center school district.
D. During the 2023-2024 school year, persons employed as
correctional teachers or vocational instructors by the Department of
Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma
Statutes or persons employed as teachers by the Office of Juvenile
Affairs who were employed full time by the Department of Corrections
or the Office of Juvenile Affairs during t he 2022-2023 school year
shall receive a one-time stipend of Three Thousand Dollars
($3,000.00), provided they remain employed full time by the
Department of Corrections or the Office of Juveni le Affairs.
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SECTION 4. AMENDATORY 70 O.S. 2021, Section 6-190, as
amended by Section 3, Chapter 359, O.S.L. 2022 (70 O.S. Supp. 2022,
Section 6-190), is amended to r ead as follows:
Section 6-190. A. The board of education of each school
district shall employ and contract in writing, as required in
Section 6-101 of this title, only with persons certified to teach by
the State Board of Education in accordance with the Oklahoma Teacher
Preparation Act, except as otherwise provided for by Section 6-101
of this title and by other law.
B. The Board shall issue a certificate to teach to any person
who:
1. Has successfully completed the teacher education program
required by the Commission for Educational Quality and
Accountability;
2. Has graduated from an accredited institution of higher
education that has a pproval or accreditation for teacher education;
3. Has met all other requirements as may be established by the
Board;
4. Has made the necessary application and paid the competency
examination fee in an amount and as prescribed by the Commission;
5. Has successfully completed the competency examination
required in Section 6-187 of this title; and
6. Beginning November 1, 2001, has on file with the Board a
current Oklahoma criminal history record from the Oklahoma State
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Bureau of Investigation as well as a national criminal history
record check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. Upon receipt of the Oklahoma criminal history record, the
Board may issue a temporary certificate which shall be effective
until receipt of the nati onal fingerprint-based criminal history
record. The person applying for a certificate shall be responsible
for the cost of the criminal history records.
C. The Board shall issue a certificate to teach to any person
who:
1. Holds an out-of-state certificate and meets the requirements
set forth in subsection G of this section;
2. Holds certification from the National Board for Professional
Teaching Standards;
3. Holds an out-of-country certificate and meets the
requirements set forth in subsection F of t his section; or
4. Has successfully completed a competency examination used in
the majority of other states or comparable customized exam and meets
the requirements set forth in subsection H of this section.
D. Beginning July 1, 2004, any person applying for initial
Oklahoma certification shall have on file with the Board a current
Oklahoma criminal history record from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record, the Board may issue
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a temporary certificate which shall be effective until receipt of
the national fingerprint-based criminal history record. The person
applying for a certifica te shall be responsible for the cost of the
criminal history records.
E. Any person holding a valid certificate, issued prior to
January 1, 1997, shall be a certified teacher for purposes of the
Oklahoma Teacher Preparation Act, subject to any professiona l
development requirements prescribed by the Oklahoma Teacher
Preparation Act or by the State Board of Education.
F. 1. The Board shall issue a certificate to teach to a person
who holds a valid out-of-country certificate and meets any
requirements established by the Board. The certificate to teach
shall only be for those subject areas and grade levels most closely
aligned to the subject areas and grade levels recognized on the out-
of-country certificate.
2. A person who meets the requirements of paragr aph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade levels most closely aligned to the
subject areas and grade levels recognized on the out-of-country
certificate.
3. A person who meets the r equirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history record check as
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defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint-based criminal history record check .
The person applying for a certificate shall be responsible for the
cost of the criminal history record checks.
4. The Board shall promulgate rules establishing a process by
which out-of-country certificates will be reviewed and evaluated for
purposes of awarding a certificate to teach pursuant to this
subsection.
G. 1. The Board shall issue a certificate to teach to a person
who holds a valid out-of-state certificate. The certificate to
teach shall only be for those subject areas and grade levels most
closely aligned to the subject areas and grade levels recognized on
the out-of-state certificate.
2. A person who meets the requirements of paragraph 1 of this
subsection shall not be required to take any competency examinations
in those subject areas and grade l evels most closely aligned to the
subject areas and grade levels recognized on the out-of-state
certificate.
3. A person who meets the requirements of this subsection shall
have on file with the Board a current Oklahoma criminal history
record check from the Oklahoma State Bureau of Investigation as well
as a national criminal history record check as defined in Section
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150.9 of Title 74 of the Oklahoma Statutes. Upon receipt of the
Oklahoma criminal history record check, the Board may issue a
temporary certificate which shall be effective until receipt of the
national fingerprint-based criminal history record check. The
person applying for a certificate shall be responsible for the cost
of the criminal history record checks.
H. 1. The Board shall issue a certificate to teach to a person
who has successfully completed a competency exam used in a majority
of the other states. The certificate to teach shall only be for
those subject areas and grade levels that correspond with a
certification area used in O klahoma.
2. A person who meets the requirements of paragraph 1 of this
subsection shall have on file with the Board a current Oklahoma
criminal history record check from the Oklahoma State Bureau of
Investigation as well as a national criminal history rec ord check as
defined in Section 150.9 of Title 74 of the Oklahoma Statutes. Upon
receipt of the Oklahoma criminal history record check, the Board may
issue a temporary certificate which shall be effective until receipt
of the national fingerprint -based criminal history record check.
The person applying for a certificate shall be responsible for the
cost of the criminal history record checks.
I. 1. The Board may establish new levels of teacher
certificates: advanced, lead, and master. Each level shall have a
minimum salary increase requirement paid by the school district and
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matched with state dollars from the lottery funds as provided in
Section 713 of Title 3A of the Oklahoma Statutes. The advanced
certificate shall include a minimum salary increase of Three
Thousand Dollars ($3,000.00), the lead certificate shall include a
minimum salary increase of Five Thousand Dollars ($5,000.00), and
the master certificate shall include a minimum salary increase of
Ten Thousand Dollars ($10,000.00) and maximum salary increase of
Forty Thousand Dollars ($40,000.00).
2. A teacher who works in a school with an enrollment of forty
percent (40%) or more of students who are economically disadvantaged
as defined in Section 18-109.5 of this title or a school district
with an enrollment of fewer than one thousand students shall be paid
a one-time award in addition to the salary increases provided in
paragraph 1 of this subsection:
a. One Thousand Five Hundred Dollars ($1,500.00) for an
advanced certificate,
b. Two Thousand Five Hundred Dollars ($2,500.00) for a
lead certificate, and
c. Five Thousand Dollars ($5,000.00) for a master
certificate.
3. School districts may identify and designate the highest
quality teachers for advanced, lead, and master certificates.
Participating districts shall submit designation plans to the State
Department of Education for evaluation and approval. Districts
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shall have local control and flexibility in determining how to
evaluate teachers and assign designations, but, at a minimum, the
designation system shall include a teacher observation, out-of-
classroom time, and a student performance component.
a. Teacher observation shall be based on the district’s
selected Teacher and Leader Effectiveness Evaluation
System (TLE) evaluation tool or an alternate method of
evaluation; provided, the method is evidenced-based.
Alternate methods of evaluation shall not replace the
requirements of Section 6-101.16 of this title.
b. Each school district that elects to participate in
assigning advanced, lead, and master teacher
certificates shall include an out-of-classroom
component for its assigned teachers to allow for
professional growth opportunities while staying in the
classroom. How out-of-classroom time is allotted and
managed shall be determined by the school district and
submitted as part of its designation plan to the Stat e
Department of Education for review an d approval.
c. Student performance measures may be determined by the
district and may include, but shall not be limited to,
pre- and post-tests, summative or formative, and
portfolios. The school district application shall
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show evidence of validity and reliability of the
measures.
Districts may use additional factors in determining which
teachers are eligible to receive a designation, such as student
surveys, teacher leadership responsibilities, teacher mentorship
responsibilities, family surveys, demonstration of district core
values, teacher peer surveys, and contributions to the broader
school community. No more than ten percent (10%) of each school
district’s teachers may be designated as an advanced, lead, or
master teacher in any given school year.
4. If a school district chooses to participate in this program,
the state shall match the amount the district pays above base pay,
up to Forty Thousand Dollars ($40,000.00) per teacher.
5. School districts that designate teachers for advanced, lead,
and master certificates do not have to participate in annual TLE
evaluations for the designated teachers.
6. School districts may designate teachers for advanced, lead,
or master certificates two times per year, once prior to the
beginning of the school year, and once prior to the beginning of the
second semester. Teachers statewide who receive these designations
shall be placed in professional development cohorts and provided
additional training opportunities from the St ate Department of
Education.
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7. After initial approval by the State Department of Education,
the Department shall review and validate each participating school
district’s teacher evaluation system biennially.
8. The State Department of Education shall an nually report the
school districts part icipating in the program, the number of
advanced, lead, and master certificates awarded, and the total
amount in state match funding that was distributed to teachers.
J. The State Board of Education shall adopt rules to implement
a renewal schedule and as sociated fees for advanced, lead, and
master teaching certificates. The rules shall allow a teacher that
no longer meets the requi rements of an advanced, lead, or master
teaching certificate to make application for the standard teaching
certificate.
K. The terms of the contracts issued to those holding advanced,
lead, and master teaching certificates shall include the following:
1. Advanced: an additional five (5) days to be used to
strengthen instructional lea dership. A person with an advanced
teaching certificate shall receive an annual salary increase of at
least Three Thousand Dollars ($3,000.00) or the district’s daily
rate of pay, whichever is higher, in addition to the salary for
which the teacher qualif ies pursuant to Section 18-114.14 of this
title. This increase shall be matched by state dollars from the
lottery funds as provided in Section 713 of Title 3A of the Oklahoma
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Statutes and shall be paid as regular annual compensation directly
to teachers through school districts;
2. Lead: an additional ten (10) days to be used to strengthen
instructional leadership. A person with a lead teaching certificate
shall receive an annual s alary increase of at least Five Thousand
Dollars ($5,000.00) or the district’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title. This increase shall be
matched by state dollars from the lottery funds as provided in
Section 713 of Title 3A of the Oklahoma Statutes and shall be paid
as regular annual compensation directly to teachers through school
districts; and
3. Master: an additional fifteen (15) days to be use d to
strengthen leadership. A person with a master teaching certificate
shall receive an annual salary increase of at least Ten Thousand
Dollars ($10,000.00) or the district’s daily rate of pay, whichever
is higher, in addition to the salary for which the teacher qualifies
pursuant to Section 18-114.14 of this title. This increase, up to
Forty Thousand Dollars ($ 40,000.00), shall be matched by state
dollars from the lottery funds as provided in Section 713 of Title
3A of the Oklahoma Statutes and shall be paid as regular annual
compensation directly to teachers through school districts.
If a person with an advanced, lead, or master teaching
certificate changes school districts during the life of the
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certificate, the terms of the c ontracts required in this subsection
shall be subject to approval by the new employing school district.
L. Beginning in the 2022-2023 school year, the Department shall
make the teaching certificates provided for in this section
available for any person who has received a recommendation from his
or her school district and who meets the eligibility criter ia as
outlined in each school district’s teacher evaluation system
provided for in subsection I of this section.
M. The funding necessary for the administration of this se ction
shall be provided from the Teacher Empowerment Revolving Fund
created in Section 2 of this act. If funding for the administration
of the teaching certificates listed in subsection I is not
available, the Department shall not be required to fulfill th e
requirements listed in subsections I, K, and L of this section.
N. The State Board of Education shall promulgate rules to
implement the provisions of Section 6-180 et seq. of this title.
SECTION 5. AMENDATORY Section 2, Chapter 359, O.S .L.
2022 (70 O.S. Supp. 2022, Section 6-190.2), is amended to read as
follows:
Section 6-190.2. A. There is hereby created in the State
Treasury a revolving fund for the State Department of Education
State Board of Education to be designated the “Teacher Empowerment
Revolving Fund”. The revolving fund shall be a continuing fund,
without legislative appropriation, not subject to fiscal year
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limitations, and shall be under the control and management of the
State Department of Education consist of all monie s received
pursuant to paragraph 2 of subsection D of Section 713 of Title 3 A
of the Oklahoma Statutes. Expenditures from the Teacher Empowerment
Revolving Fund shall All monies accruing to the credit of the fund
may be budgeted and expended as provided for in subsection B of this
section by the State Board of Education for the purpose of
implementing the provisions of Section 6 of this act. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescr ibed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment .
B. The State Department of Education shall utilize the funds
for the program outlined in Section 6-190 of Title 70 of the
Oklahoma Statutes. Funding shall go toward advanced, lead, and
master certificate holders on a first-come, first-served basis until
the cash is exhausted for the school year. Funds from the Teacher
Empowerment Revolving Fund shall serve as a state match to local
dollars each school district contributes to its advanced, lead, and
master teachers as provided in Section 713 of Title 3A of the
Oklahoma Statutes.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18-126.1 of Title 70, unless
there is created a duplication in numbering, rea ds as follows:
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A. For the purposes of this act:
1. “Eligible teacher” means a certified person employe d on a
full-time basis by a school district to serve as a teacher,
supervisor, counselor, librarian, or certified or registered nurse;
and
2. “Eligible support employee” means a full-time employee of a
school district as determined by the standard period of labor which
is customarily understood to constitute full-time employment for th e
type of services performed by the employee who is employed a minimum
of one hundred seventy -two (172) days and who provides those
services, not performed by professional ed ucators or certified
teachers, which are ne cessary for the efficient and satisfact ory
functioning of a school district and shall not include adult
education instructors or adult coordinators employed by technology
center school districts.
B. The State Department of Education shall create the Rewarding
Excellent Educators Grant Program for the purpose of providing grant
funds to school districts to implement annual qualitative bonus pay
plans for eligible teachers and eligible support employees.
C. To receive grant funds, a school district board of educat ion
shall approve and submit to the State Department of Education a
qualitative bonus pay plan to reward high -performing eligible
teachers and eligible support employ ees with annual bonuses. The
plan shall include, but not be limited to, the following components:
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1. Student growth, as defined by the school district board of
education;
2. Peer evaluations;
3. Administrator evaluat ions;
4. Mentorship participation; and
5. Participation in extra responsib ilities or duties.
D. The State Department of Education shall award g rant funds to
school districts from the Teacher Empowerment Revolving Fund created
in Section 6-190.2 of Title 70 of the Oklahoma Statutes on a first-
come, first-served basis.
E. Grants awarded pursuant to this section shall be used to
provide annual bonuses to eligible teachers and eligible support
employees. No more than ten percent (10%) of a school district ’s
eligible teachers and eligible sup port employees may be provided
annual bonuses during each school year. No bonus shall exceed Fiv e
Thousand Dollars ($5,000.00).
SECTION 7. AMENDATORY 70 O.S. 2021, Section 18-200.1, as
last amended by Sect ion 2, Chapter 488, O.S.L. 2021, is amen ded to
read as follows:
Section 18-200.1. A. Beginning with the 2022-2023 school year,
and each school year thereafter, each school district shall have its
initial allocation of State Aid calculated based on the st ate
dedicated revenues actually collecte d during the preceding fiscal
year, the adjusted assessed valuation of the preceding year , and the
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weighted average daily membership for the school district of the
preceding school year. Each school district shall s ubmit the
following data based on the fi rst nine (9) weeks, to be used in the
calculation of the average daily membership of the school district:
1. Student enrollment by grade level;
2. Pupil category counts; and
3. Transportation supplement data.
On or before December 30, the State Departme nt of Education
shall determine each school district’s current year allocation
pursuant to subsection D of this section. The State Department of
Education shall complete an audit , using procedures established by
the Department, of the student enrollment b y grade level data, pupil
category counts, and transportation supplement data to be used in
the State Aid Formula pursuan t to subsection D of this section by
December 1 and by Jan uary 15 shall notify each school dist rict of
the district’s final State Aid allocation for the current school
year. The January payment of State Aid and each subsequent payment
for the remainder of the school year shall be based on the final
State Aid allocation as calculated in subsection D of this section.
Except for reductions made due to the assessment of penalties by the
State Department of Education according to law, the January payment
of State Aid and each subsequent payment for the remainder of t he
school year shall not decrease by an amount more than the amount
that the current chargeable revenue increases for that district.
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B. The State Department of Education shall retain not less than
one and one-half percent (1 1/2%) of the total funds appro priated
for financial support of scho ols, to be used to make midyear
adjustments in State Aid and which shall be reflected in the final
allocations. If the amount of appropriated funds, including t he one
and one-half percent (1 1/2%) retained, remaining a fter January 1 of
each year is not sufficient to fully fund the final allocat ions, the
Department shall recalculate each school district’s remaining
allocation pursuant to subsection D of this secti on using the
reduced amount of appropriated funds.
C. On and after July 1, 1997, the amount of State Aid each
district shall receive s hall be the sum of the Foundation Aid, the
Salary Incentive Aid, and the Transportation Supplement, as adjusted
pursuant to the provisions of subsection G of this section and
Section 18-112.2 of this title; provided, no district having per
pupil revenue in excess of three hundred percent (300%) of the
average per pupil revenue of all districts shall receive any State
Aid or Supplement in State Aid.
The July calculation of per pupil revenue shall be determined by
dividing the district’s second preceding year ’s total weighted
average daily membership (ADM) into the district’s preceding year’s
total revenues excluding federal re venue, insurance loss payments,
reimbursements, recovery o f overpayments and refunds, unused
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reserves, prior expenditures recovered, pr ior year surpluses, and
less the amount of any transfer fees paid in that year.
The December calculation of per pupil rev enue shall be
determined by dividing the district ’s preceding year’s total
weighted average dai ly membership (ADM) into the district ’s
preceding year’s total revenues excluding federal revenue, insurance
loss payments, reimbursements, recovery of overpayme nts and refunds,
unused reserves, prior expenditures recov ered, prior year surpluses,
and less the amount of any transfer fees paid in that year.
D. For the 1997-98 school year, and each school year
thereafter, Foundation Aid, the Transportation Supplemen t, and
Salary Incentive Aid shall be calculated as follows :
1. Foundation Aid shall be determi ned by subtracting the amount
of the Foundation Program Income from the cost of the Foundation
Program and adding to this difference the Transportation Supplemen t.
a. The Foundation Program shall be a district’s higher
weighted average daily membership bas ed on the first
nine (9) weeks of the cu rrent school year or the
preceding school year of a school district, as
determined by the provisions of subsection A of
Section 18-201.1 of this title and paragraphs 1, 2, 3 ,
and 4 of subsection B of Section 18 -201.1 of this
title, multiplied by the Base F oundation Support
Level. However, for the portion of weighted
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membership derived from nonresident, transferred
pupils enrolled in online courses, the Foundation
Program shall be a district’s weighted average daily
membership of the preceding school year o r the first
nine (9) weeks of the current school year, whichever
is greater, as determined by the provisions of
subsection A of Section 18-201.1 of this title and
paragraphs 1, 2, 3, and 4 of subsection B of Section
18-201.1 of this title, multiplied by th e Base
Foundation Support Level.
b. The Foundation Program Income shall be the sum of the
following:
(1) The adjusted assessed valuation of the current
school year of the school d istrict, minus the
previous year protested ad valorem tax revenues
held as prescribed in Section 2884 of Title 68 of
the Oklahoma Statutes, multiplied by the mills
levied pursuant to subsection (c) of Section 9 of
Article X of the Oklahoma Constitution, if
applicable, as adjusted in subsectio n (c) of
Section 8A of Article X of the Oklahoma
Constitution. For purposes of this subsection,
the “adjusted assessed valuation of the current
school year” shall be the adjusted assessed
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valuation on which tax revenue s are collected
during the current sc hool year, and
(2) Seventy-five percent (75%) of the amount received
by the school district from the proceeds of the
county levy during the preceding fiscal year , as
levied pursuant to subsection (b) of Section 9 of
Article X of the Oklahoma Constitution, and
(3) Motor Vehicle Collections motor vehicle
collections, and
(4) Gross Production Tax gross production tax, and
(5) State Apportionment state apportionment, and
(6) R.E.A. Tax tax.
The items listed in divisions (3), (4), (5), and (6)
of this subparagraph shall consist of the amounts
actually collected from such sources during the
preceding fiscal year calculated on a per capita basis
on the unit provided for b y law for the distribution
of each such revenue.
2. The Transportation Supplement shall be equ al to the average
daily haul times the p er capita allowance times the appropriate
transportation factor.
a. The average daily haul shall be the number of childre n
in a district who are legally transported and who live
one and one-half (1 1/2) miles or more from school.
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b. The per capita allowanc e shall be determined using the
following chart:
PER CAPITA PER CAPITA
DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE
.3000 - .3083 $167.00 .9334 - .9599 $99.00
.3084 - .3249 $165.00 .9600 - .9866 $97.00
.3250 - .3416 $163.00 .9867 - 1.1071 $95.00
.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00
.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00
.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00
.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00
.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00
.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00
.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00
.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00
.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00
.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00
.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00
.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00
.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00
.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00
.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00
.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00
.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00
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.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00
.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00
.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00
.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00
.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00
.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00
.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00
.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00
.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00
.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00
.9067 - .9333 $101.00 9.6668 or more $33.00
c. The formula transportation factor shall be 1.39 2.0.
3. Salary Incentive Aid shall be determined as follows:
a. Multiply the Incentive Aid guarantee by the district’s
higher weighted average daily membership based on the
first nine (9) weeks of the current school year or t he
preceding school year of a school district, as
determined by the provisions of subsection A of
Section 18-201.1 of this title and paragraphs 1, 2, 3,
and 4 of subsection B of S ection 18-201.1 of this
title.
b. Divide the district’s adjusted assessed val uation of
the current school year minus the previous year’s
protested ad valorem tax revenues held as prescribed
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in Section 2884 of Title 68 of the Oklahoma Statutes,
by one thousand (1,000) and subtract the quotient from
the product of subparagraph a of t his paragraph. The
remainder shall not be less than zero (0).
c. Multiply the number of mills levied for general fund
purposes above the fifteen (15) mills required to
support Foundation Aid pursuant to division (1) of
subparagraph b of paragraph 1 of thi s subsection, not
including the county four-mill levy, by the remainder
of subparagraph b of this paragraph. The product
shall be the Salary Incentive Aid of the district.
E. By June 30, 1998, the State Department of Education shall
develop and the Depar tment and all school districts shall have
implemented a student identification system which is consistent with
the provisions of subsections C and D of Section 3111 of Title 74 of
the Oklahoma Statutes. The student identification system shall be
used specifically for the purpose of reporting enrollment data by
school sites and by school districts, the administration of the
Oklahoma School Testing Program Act, the collection of app ropriate
and necessary data pursuant to the Oklahoma Educational Indicators
Program, determining student enrollment, establishing a student
mobility rate, allocation of the State Aid Formula , and midyear
adjustments in funding for student growth. This enr ollment data
shall be submitted to th e State Department of Education in
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accordance with rules promulgated by the State Board of Education.
Funding for the development, implementation, personnel tra ining, and
maintenance of the student identification syste m shall be set out in
a separate line item in the allocation section of the a ppropriation
bill for the State Board of Education for each year.
F. 1. In the event that ad valorem taxes of a school district
are determined to be uncollectible because of ban kruptcy, clerical
error, or a successful tax protest, and the amount of such taxes
deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or
an amount greater than twenty -five percent (25%) of ad valorem taxes
per tax year, or the valuation of a district is lowered by order of
the State Board of Equalization, the school d istrict’s State Aid,
for the school year that such ad valorem taxes are calculated in the
State Aid Formula, shall be det ermined by subtracting the net
assessed valuation of the p roperty upon which taxes were deemed
uncollectible from the assessed valuatio n of the school district and
the state. Upon request of the local board of education, it shall
be the duty of the county assessor to certify to the Director of
Finance of the State Department of Education the net as sessed
valuation of the property upon wh ich taxes were determined
uncollectible.
2. In the event that the amount of funds a school district
receives for reimbur sement from the Ad Valorem Reimbursement Fund is
less than the amount of funds claimed for reim bursement by the
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school district due to insufficiency of funds as provided in Section
193 of Title 62 of the Oklahoma Statutes, then the school district ’s
assessed valuation for the school year that such ad valorem
reimbursement is calculated in the State Aid Formula shall be
adjusted accordingly.
G. 1. Notwithstanding the provisions of Section 18-112.2 of
this title, a school district shall have its State Aid r educed by an
amount equal to the amount of carryover in th e general fund of the
district as of June 30 of the preceding fiscal year, th at is in
excess of the following standards for two (2) consecutive years:
Total Amount of Amount of
General Fund Collecti ons, General Fund
Excluding Previous Year Balance
Cash Surplus as of June 30 Allowable
Less than $1,000,000 48%
$1,000,000 - $2,999,999 42%
$3,000,000 - $3,999,999 36%
$4,000,000 - $4,999,999 30%
$5,000,000 - $5,999,999 24%
$6,000,000 - $7,999,999 22%
$8,000,000 - $9,999,999 19%
$10,000,000 or more 17%
2. By February 1 the State De partment of Education shall send
by certified mail, with return receipt requested, to each School
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District Superintendent school district superintendent , Auditor
auditor, and Regional Accreditation Officer regional accreditation
officer a notice of and calculation sheet reflecting the general
fund balance penalty to be assessed against that school district.
Calculation of the general fund balance penalty shall no t include
federal revenue. Within thirty (30) days of rec eipt of this written
notice the school district shall submit to the Departmen t a written
reply either accepting or protesting the penalty to be assessed
against the district. If protesting, the sch ool district shall
submit with its reply the reasons for r ejecting the calculations and
documentation supporting those reasons. The De partment shall review
all school district penalty protest documentation and notify each
district by March 15 of its findi ng and the final penalty to be
assessed to each district. General fund balance penalties shall be
assessed to all school districts by April 1.
3. Any school district which receives proceeds from a tax
settlement or a Federal Emergency Management Agency s ettlement
during the last two (2) months of the preceding fiscal year shall be
exempt from the penalties assessed in this subsection, i f the
penalty would occur solely as a result of receiving funds from the
tax settlement.
4. Any school district which re ceives an increase in State Aid
because of a change in Fou ndation and/or Salary Incentive Aid
factors during the last two (2) months of the preceding fiscal year
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shall be exempt from the penalties assessed in this subsection, if
the penalty would occur sol ely as a result of receiving funds from
the increase in State Aid.
5. If a school district doe s not receive Foundation and/or
Salary Incentive Aid during the preceding fiscal year, the State
Board of Education may waive the penalty assessed in this subsec tion
if the penalty would result in a loss of more than fo rty percent
(40%) of the remaining St ate Aid to be allocated to the school
district between April 1 and the remainder of the school year and if
the Board determines the penalty will cause the school district not
to meet remaining financial obligations.
6. Any school district which receives g ross production revenue
apportionment during the 2002-2003 school year or in any subsequent
school year that is greater than the gross production revenue
apportionment of the preceding school year shall be exempt from t he
penalty assessed in this subsectio n, if the penalty would occur
solely as a result of the gross production revenue apportionment, as
determined by the State Board of Education.
7. Beginning July 1, 2003, school districts that participate in
consolidation or annexation pursuant to the prov isions of the
Oklahoma School Voluntary Consolidation and Annexation Act shall be
exempt from the penalty assessed in this subsection for the s chool
year in which the consolidation or annexation occurs and for the
next three (3) fiscal years.
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8. Any school district which receives proceeds from a sales tax
levied by a municipality pursuant to Section 22-159 of Title 11 of
the Oklahoma Statutes or proceeds from a sales tax levied by a
county pursuant to Section 1370 of Ti tle 68 of the Oklahoma Statutes
during the 2003-2004 school year or the 2004 -2005 school year shall
be exempt from the penalties assessed in this subsection, if the
penalty would occur solely as a result of receiving funds from the
sales tax levy.
9. Any school district which has an amount o f carryover in the
general fund of the d istrict in excess of the limits established in
paragraph 1 of this subsection during the fiscal years b eginning
July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall
not be assessed a general fund balance penalty as provided for in
this subsection.
10. For purposes of calculating the general fund balance
penalty, the terms “carryover” and “general fund balance” shall not
include federal revenue.
H. In order to provide startup funds for the implementation of
early childhood programs, State Aid may be advanced to school
districts that initially start early childhood instruction at a
school site. School districts that desire such advanced funding
shall make application t o the State Department of Education n o later
than September 15 of each year a nd advanced funding shall be awarded
to the approved districts no later than October 30. The advanced
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funding shall not exceed the per pupil amount of State Aid as
calculated in subsection D of this section per anti cipated Head
Start eligible student. Th e total amount of advanced funding shall
be proportionately reduced from the monthly payments of the
district’s State Aid payments during the last six (6) months of the
same fiscal year.
I. 1. Beginning July 1, 199 6, the Oklahoma Tax Commission,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the monthly
apportionment of the following information:
a. the assessed valuation of property,
b. motor vehicle collections,
c. R.E.A. tax collected, an d
d. gross productions tax collected.
2. Beginning July 1, 1997, the State Auditor and Inspector ’s
Office, notwithstanding any provision of law to the contrary, shall
report monthly to the State Department of Educat ion the monthly
apportionment of the pro ceeds of the county levy.
3. Beginning July 1, 1996, the Commissioners of the Land
Office, notwithstanding any provision of law to the contrary, shall
report monthly to the State Department of Education the monthly
apportionment of state apportionment.
4. Beginning July 1, 1997, the county treasurers’ offices,
notwithstanding any provision of law to the c ontrary, shall report
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monthly to the State Department of Education the ad va lorem tax
protest amounts for each co unty.
5. The information reported by th e Tax Commission, the State
Auditor and Inspector’s Office, the county treasurers ’ offices, and
the Commissioners of the Land Office, pursuant to this subsection
shall be reported by school district on forms develope d by the State
Department of Education.
SECTION 8. AMENDATORY 70 O.S. 2021, Section 18-201.1, is
amended to read as f ollows:
Section 18-201.1. A. Beginning with the 2020-21 school year,
and each school year thereafter, the weighted member ship of a school
district for calculation of Foundation Aid purposes 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, th e
weighted pupil category calculation, the weig hted district
calculation, and the weighted teacher experience and degree
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, the weighted pupil
category calculation, the weighted district calcul ation, and the
weighted teacher experience and degree calculation.
B. Beginning with the 2022-2023 school year, the weight ed
calculations provided for i n subsection A of this section shall be
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based on the higher weighted average daily membership of the fi rst
nine (9) weeks of the current school year or the preceding school
year of a school district, unless otherwise specified . The higher
of the two (2) weighted average daily memberships shall be used
consistently in all of the calculations; however, the w eighted
calculation for a statewide virtual charter school experiencing a
significant decline in membership shall be based on the first nine
(9) weeks of the current 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 membersh ip from the
preceding school year to the average daily membership of the first
nine (9) weeks of the current school year. The averag e daily
membership data used for all calculations in paragraphs 1, 2, 3 , and
4 of this subsection shall be the same as used in the calculation of
the State Aid Formula. The weighted calculations provided for in
subsection A of this section shall be determ ined as follows:
1. The weighted pupil grade level calculation shall be
determined by taking the highest average daily mem bership 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
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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. De termination of the pupils
eligible for the early childhood program weight shall be pursu ant 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 sch ool district in which they are r eceiving
education pursuant to the provisions of subsect ion 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 i n that district. If claimed, th e out-of-home
placement weight shall be in lieu of the p upil 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 for
such students shall be calculated as follows: for a center with six
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(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 ca lculation shall be determined
by assigning a weight to 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
k. Bilingual .25
l. Special Education Summer Program 1.2
m. Economically Disadvantaged .25 .3
n. Optional Extended School Year
Program As determined by
the State Board
of Education
o. Autism 2.4
p. Traumatic Brain Injury 2.4
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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 to such category
and add the totals together to determine the we ighted pupil category
calculation for a school district. For the 1997-98 school year and
subsequent 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 stude nts 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 th is title, or (2) the sum o f 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 district 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 t he greater of the calculat ions of
the two formulas and then applying the restrictions pursuant to
subparagraph c of this paragraph.
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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 calculation shall appl y
only to school districts whose highest average daily
membership is less than 529 pupils. School districts which
are consolidated or annexed after July 1, 2003, pursuant t o
the Oklahoma School Voluntary Consolidation and Annexation
Act shall have the wei ghted district size calculation for
the three (3) school years following the fiscal year in
which such consolidation occurred calculated to be the sum
of the individual cons olidated districts comp uted as if the
consolidation had not taken place. Thereafte r, 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. Subject to
the provisions of subparagraph c of this 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 calculation shall
apply only to school districts:
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(1) whose total area in square miles is greater than
the average number of squa re 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 density. Areal
density shall be determined by dividing the
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 fa ctor 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 th is paragraph, the resulting
number shall be counted as addit ional students for the
purpose of calculating State Aid.
The school district student cost factor shal l be calculated
as follows:
The school district’s average daily membersh ip shall
be categorized into the following grade level groups
and applied to the ap propriate formulas as computed
below:
Grade Level Group
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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
Level ADM plus 133,
add .85 to the quotient, then
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 group’s average daily
membership shall be divided by the school district ’s
average daily membership. The number one (1. 0) shall
be subtracted from the resulting quotien t.
The school district area cost factor shall be calc ulated as
follows:
Subtract the state average distric t area from the
district area, then divide the remainder by the state
average district area;
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however, the district area cost factor shall not exceed o ne
(1.0).
The State Board of Education shall define g eographical barriers
whose location in a school distr ict would inhibit the district from
consolidation or annexation. The Board shall make available an
application process, review applications, and for districts the
Board deems necessary allow additional square miles to be used for
the purposes of calculati ons used for the weighted district sparsity
- isolation formula. Provided, that the additional squar e miles
allowed for geographical barriers shall n ot exceed thirty percen t
(30%) of the district ’s actual size.
c. State Aid funds which a district is calcu lated 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 revenue,
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 fift y
percent (150%) of the projec ted state average per
pupil revenue. Provided, in ap plying the
restriction provided in this division, the
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district’s State Aid shall not be reduced by an
amount greater than by the amount of State Aid
which was generated by t he weighted district
calculation.
The July calculation of the projected per pupil
revenue shall be determined by dividing the district ’s
preceding year’s average daily membership (ADM) as
weighted by the pupil grade level, the pupil category,
the district and the teacher experience deg ree index
calculations for projected State Aid into t he
district’s projected total revenues including
projected funds for the State Aid Formula for the
preceding year, net assessed valuation for the
preceding calendar year tim es thirty-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 production
tax, and R.E.A. tax.
The December calculation of the projected per pupil
revenue shall be determined by dividing the higher of
the district’s first nine (9) weeks of t he current
school year or the preceding school year ’s average
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daily membership (ADM) as weighted by th e 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 Formu la, net
assessed valuation for the current calendar y ear times
thirty-nine (39) mills, county revenues excluding the
county four-mills revenue for the pre ceding year,
other state appropriations for the preceding year , and
the collections for the preceding year of state
apportionment, motor vehicle revenue, g ross 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: fede ral revenue,
insurance loss payments, reimbursements, 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 calculat ion shall
be determined in acc ordance with the teacher experience and degree
index. The State Department of Education shall determine an index
for each state teacher by using data sup plied in the school
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district’s teacher personnel reports of the precedin g year and
utilizing the index as follows:
TEACHER EXPERIENCE - DEGREE INDEX
EXPERIENCE BACHELOR’S MASTER’S DOCTOR’S
DEGREE DEGREE DEGREE
0 - 2 .7 .9 1.1
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 e ach school district shall
be determined by subtractin g 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 tha t
product by the sum of the di strict’s weighted pupil grade level
calculation provided in paragraph 1 of this subsection and the
weighted pupil category calculation provided in subpara graph m of
paragraph 2 of this subsection to determine the weighted teac her
experience and degree calc ulation.
SECTION 9. This act shall become effective July 1, 2023.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
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declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its p assage and approval. ”
Passed the Senate the 27th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 2672 By: Baker and West (Tammy) of
the House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 6-194, as amended by Section 1 , Chapter 211,
O.S.L. 2022 (70 O.S. Supp. 2022, S ection 6-194),
which relates to professional development programs;
requiring dyslexia and dysgraphia program be approved
by the State Department of Ed ucation; amending 70
O.S. 2021, Sections 1210.508C and 1210.508D, which
relate to the Reading Sufficiency Act; deleting
exception for avoiding annual submission of reading
sufficiency plan updates; requiring annual report of
certain student data by specified date; modifying
funding allocation for Reading Sufficiency Act funds;
providing funding for students enrolled in
kindergarten and first, second, and third grades;
directing funds be used only for certain purposes;
mandating certain school districts receive Department
approval prior to fund distribution; requiring
retention of certain funds to employ a liter acy
instructional team; providing for technical
assistance and program implementation guidance to
team members and schools; directing team members to
be placed regionally statewide; providing du ties for
team; listing training required for team members;
providing Department oversight of team; establishing
minimum criteria for team employees; listing hiring
preferences for team members with certain knowle dge
and training; providing for codification; provi ding
an effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 11. AMENDATORY 70 O.S. 2021, Section 6-194, as
amended by Section 1, Chapter 21 1, O.S.L. 2022 (70 O.S. Su pp. 2022,
Section 6-194), is amended to read as follows:
Section 6-194. A. The district boards of education of this
state shall establish professional development programs for the
certified teachers and administrators of the di strict. Programs
shall be adopted by each board based upon recommendations of a
professional development committee appointed by the board of
education for the district . For the fiscal years ending J une 30,
2011, and June 30, 2012, a school district board of education may
elect not to adopt and offer a professional development program f or
certified teachers and administrators of the district . If a school
district elects not to adopt and offer a profe ssional development
program, the district may expend any monies allocated for
professional development for any purpose related to the suppo rt and
maintenance of the school district as determined by the b oard of
education of the school district.
B. Each professional development committee shall include
classroom teachers, administrators, school counselors or licensed
mental health providers, a nd parents, guardians or custodians of
children in the school di strict and shall consult with a higher
education faculty. A majority of the members of the professional
development committee shall be composed of classroom teachers. The
teacher members shall be selected by a designated administrator of
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the school district from a list of names submitted by the teachers
in the school district. The members selected shall be sub ject to
the approval of a majority vote of the teachers in the district.
C. In developing program recommendations, each professional
development committee shall annually utilize a data -driven approach
to analyze student data and determine district and sch ool
professional development needs. The professional development
programs adopted shall be directed toward development of
competencies and instruc tional strategies in the core curriculum
areas for the following goals:
1. Increasing the academic performan ce data scores for the
district and each school site;
2. Closing achievement gaps among student subgroups;
3. Increasing student achievement as d emonstrated on state -
mandated tests and the ACT;
4. Increasing high school graduation rates; and
5. Decreasing college remediation rates.
Each program may also include components on classroo m management
and student discipline strategies, outreach to pare nts, guardians or
custodians of students, specia l education, and racial and ethnic
education, which all perso nnel defined as teachers in Section 1-116
of this title shall be required to comple te on a periodic basis.
The State Board of Education shall prov ide guidelines to assist
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school districts in dev eloping and implementing racial and ethnic
education components into professional development programs.
D. At a minimum of once an academic yea r a program shall be
offered which includes the following:
1. Training on recognition of child abuse and negl ect;
2. Recognition of child sexual abuse;
3. Proper reporting of suspected abuse; and
4. Available resources.
E. One time per year, beginning in the 2009-2010 school year,
training in the area of autism sh all be offered and all resident
teachers of students in early childhood programs through grade three
shall be required to complete the autism training during the
resident year and at least one time every three (3) years
thereafter. All other teachers and education support professionals
of students in early childhood programs through grade three shall be
required to complete the autism training at least one time every
three (3) years. The autism training shall include a minimum
awareness of the characteris tics of autistic children, resources
available and an introduction to positive behavior supports to
challenging behavior. Each adopted program shall allow school
counselors to receive at leas t one-third (1/3) of the hours or
credit required each year thro ugh programs or courses specifically
designed for school counselors.
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Districts are authorized to utilize any means for professional
development that is not prohibited by law including, but not limited
to, professional development provided by the district, any state
agency, institution of higher e ducation, or any private entity.
F. One time per year, beginning in the 2020-2021 school year, a
dyslexia awareness program shall be offered. Beginning in the 2023-
2024 school year, the program shall include information and training
in dysgraphia. At a minimum, the program shall be approved by the
State Department of Education and include:
1. Training in awareness of dyslexia characteristics in
students;
2. Training in effective classroom instruction to meet the
needs of students with dyslexia; and
3. Available dyslexia resources for teacher s, students and
parents.
G. Except as otherwise provided for in this subsection, each
certified teacher in this state shall be required by the district
board of education to meet the professi onal development requirements
established by the board, or estab lished through the negotiati on
process. Except as otherwise provided for in this subsection, t he
professional development requirements established by each board of
education shall require eve ry teacher to annually complete a minimum
number of the total nu mber of points required to m aintain
employment. Failure of any teacher to meet district board of
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education professional development requirements may be grounds for
nonrenewal of such teacher 's contract by the board. Such failure
may also be grounds for n onconsideration of salary in crements
affecting the teacher. For the fiscal years ending June 3 0, 2011,
and June 30, 2012, a certified teacher shall not be required to
complete any points of t he total number of professional development
points required. Provided, a teacher may elect to complete some or
all of the minimum number of points required fo r the two (2) fiscal
years and any points completed shall be counted toward the total
number of points required to maintain employment. If a teacher does
not complete some or all of the mi nimum number of points required
for one (1) or both fiscal years, t he total number of points
required to maintain employment shall be adjusted and reduced by the
number of points not completed.
H. Each district shall annually s ubmit a report to the State
Department of Education on the district level professional
development needs, activities completed, expenditures, and results
achieved for each school year by each goal as provided in subsection
C of this section. If a school district elects not to adopt and
offer a professional development program as provided for in
subsection A of this section, the district shall not be required to
submit an annual report as requi red pursuant to this subsection but
shall report to the State De partment of Education its el ection not
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to offer a program and all professional development act ivities
completed by teachers and administrators of the school district.
I. Subject to the availa bility of funds, the Department shall
develop an online system f or reporting as required in subsection H
of this section. The Department shall also make suc h information
available on its website.
SECTION 12. AMENDATORY 70 O.S. 2021, Section 1210.508C,
is amended to read as follows:
Section 1210.508C A. 1. Each student enrolled in kindergarten
in a public school in this state shall be screened at th e beginning,
middle and end of each school year for reading skills including, but
not limited to, phonem ic awareness, letter recognition, and oral
language skills as identified in the subject matter st andards
adopted by the State Board of Education. A scr eening instrument
approved by the State Board shall be utilized for the purposes of
this section.
2. For those kindergarten children at risk for reading
difficulties at the beginning of the year, teac hers shall emphasize
reading skills as identified in th e subject matter standards adopted
by the State Board of Education, monitor progress throughout the
year and measure mid-year and year-end reading progress.
3. Kindergarten students who are not meetin g grade-level
targets by mid-year in reading shall be p rovided a program of
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reading instruction designed to enable the student to acquire the
appropriate grade-level reading skills.
4. Classroom assistants, whi ch may include parents,
grandparents, or othe r volunteers, shall be provided in kindergarten
classes to assist with the screening of students if a teacher aide
is not already employed to assist in a kinde rgarten classroom.
B. Each student enrolled in firs t, second and third grade of
the public schools of this state shall be assessed at the beginning,
middle and end of each school year using a screening instrument
approved by the State Board of Education f or the acquisition of
reading skills including, but not limited to, phonemic awareness,
phonics, reading fluency, vocabulary, and comprehension.
C. Any student enrolled in first, second or third grade who is
assessed and who is not meeting grade -level targets in reading shall
be provided a program of readi ng instruction designed to enable the
student to acquire the appropriate grade level reading skills. The
program of reading instruction shall include provisions of the READ
Initiative adopted by the scho ol district as provided for in
subsection P of this section. Throughout the year progress
monitoring shall continue, and diagnostic assessment, if dete rmined
appropriate, shall be provided. Year -end reading skills shall be
measured to determine reading s uccess.
D. The State Board of Education shall appro ve screening
instruments for use at the begin ning and end of the school year, for
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monitoring of progress, and for measurement of reading skills at the
end of the school year as required in subsections A a nd B of this
section; provided, at least one of the screening instruments shall
meet the following criteria:
1. Assess for phonemic awareness, phonics, reading fluency,
vocabulary and comprehension;
2. Document the validity and reliability of each assess ment;
3. Can be used for identifying students who a re at risk for
reading deficiency and progres s monitoring throughout the school
year;
4. Can be used to assess students with disabilities and English
language learners; and
5. Accompanied by a data mana gement system that provides
profiles for students, c lass, grade level and school building. The
profiles shall identify each student 's instructional point of need
and reading achievement level. The State Board shall also determine
other comparable reading assessments for diagnostic purposes to be
used for students at risk of reading failure. The Sta te Board shall
ensure that any assessments approved are in alignment with the
subject matter standards adopted by the State Board of Education.
E. 1. The program of reading instruction required in
subsections A and B of this section shall align with the subject
matter standards adopted by the State Board of Education and shall
include provisions of the READ Initiative adopted by the school
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district as provided for in subsection P of this section. A program
of reading instruction may include, but is not l imited to:
a. sufficient additional in -school instructional time for
the acquisition of phonemic awareness, phonics,
reading fluency, vocabulary, and comprehen sion,
b. if necessary, tutorial instruction after re gular
school hours, on Saturdays and during s ummer; however,
such instruction may not be counted tow ard the one-
hundred-eighty-day or one-thousand-eighty-hour school
year required in Section 1 -109 of this title, and
c. assessments identified for diagnostic purposes and
periodic monitoring to measure the acquisition of
reading skills including, but not li mited to, phonemic
awareness, phonics, reading fluency, vocabulary, and
comprehension, as identified in the student's program
of reading instruction.
2. A student enrolled in first or second grades wh o has been
assessed as provided for in subsection B of this section and found
not to be meeting grade -level targets in reading, shall be entitled
to supplemental instructional services and supports in reading un til
the student is determined by the results of a screening instrument
to be meeting grade-level targets in reading. The program of
reading instruction for each student shall be developed by a Student
Reading Proficiency Team and shall include supplementa l
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instructional services and supports. Each team shall be composed
of:
a. the parent or guardian of the student,
b. the teacher assigned to the student who had
responsibility for reading instruction in t hat
academic year,
c. a teacher who is responsible f or reading instruction
and is assigned to tea ch in the next grade level of
the student, and
d. a certified reading specialist, if one is available.
F. The program of reading instruction shall continue un til the
student is determined by the results of appr oved reading assessments
to be meeting grade-level targets.
G. 1. Every school district shall adop t, and implement a
district reading sufficiency plan which has had input from school
administrators, teachers, and parents and if possible a reading
specialist, and which shall be submitted electronica lly to and
approved by the State Board of Education. T he plan shall be updated
annually. School districts shall not be required to electronically
submit the annual updates to the Board if the last plan submitt ed to
the Board was approved and expenditures for the program include only
expenses relating to indi vidual and small group tutoring, purchase
of and training in the use of screening and assessment measure s,
summer school programs and Saturday school progra ms. If any
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expenditure for the program is de leted or changed or any other type
of expenditure for t he program is implemented, the school district
shall be required to submit the latest annual update to t he Board
for approval. The district reading suffici ency plan shall include a
plan for each site which includes an analysis of the data provided
by the Oklahoma School Testing Program and other reading assessments
utilized as required in this section, and which outlines how each
school site will comply with the provisions of the Reading
Sufficiency Act. Each year, on or before October 1, a school
district shall report to the Board for students enrolled in
prekindergarten, kindergarten, first, second, and third grades:
a. the number of retained students,
b. the number of times a student has been retained, an d
c. the number of students in transitional class rooms.
2. The State Board of Education shall adopt rules for the
implementation and evaluation of the provisions of the Reading
Sufficiency Act. The evaluation s hall include, but not be limited
to, an analysis of the data required in subsection S of this
section.
H. For any third-grade student found not to be meeting grade -
level targets as determined by reading assess ments administered
pursuant to this section, a new program of reading instruction,
including provisions of the READ Initiative adopted by t he school
district as provided for in subsection P of this section, shall be
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developed by a Student Reading Proficien cy Team and implemented as
specified in subsection E of this section. In addition to othe r
requirements of the Reading Sufficiency Act, th e plan may include
specialized tutoring.
I. 1. Any first-grade, second-grade or third-grade student who
demonstrates end of year proficiency in reading at the th ird-grade
level through a screening instrume nt which meets the acquisition of
reading skills criteria pursuant to subsection B of this section
shall not be subject to retention pursuant to this section. After a
student has demonstrated proficiency through a screening instrument,
the district shall provide notification to the parent or guardian of
the student that they have satisfied the requirements of the Reading
Sufficiency Act and will not be subject to rete ntion pursuant to
this section.
2. If a third-grade student is identified at any point of the
academic year as having a significant readin g deficiency, which
shall be defined as not meeting grade -level targets on a screening
instrument which meets the acq uisition of reading skills criteria
pursuant to subsection B of this section, the district shall
immediately begin a student reading portfo lio as provided by
subsection L of this section and shall provide notice to the parent
of the deficiency pursuant to subsection J of this section.
3. If a student has not yet satisfied the proficiency
requirements of this section prior to the completion o f third grade
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and still has a significant reading deficiency, as identified based
on assessments administered as prov ided for in subsection B of this
section, has not accumulated evidence of third -grade proficiency
through a student portfolio as provided i n subsection L of this
section, or is not subject to a good -cause exemption as provided in
subsection L of this secti on, then the student shall not be eligible
for automatic promotion to fourth grade.
4. The minimum criteria for grade-level performance of third-
grade students pursuant to the Reading Sufficiency Act shall be that
students are able to read and comprehend grade-level text. To
determine the promotion and retention of third-grade students
pursuant to the Reading Sufficiency Act, the State Boar d of
Education shall use only the scores for the standards for reading
foundations/processes and vocabulary portions of the statewide
third-grade assessment admini stered pursuant to Section 1210.508 of
this title and shall not use the scores from the other language arts
portions of the assessment. The performance levels established by
the Commission for Educational Qual ity and Accountability pursuant
to Section 1210.508 of this title shall ensure that studen ts meeting
the performance-level criteria are per forming at grade level on the
reading foundations and vocabulary portions of the statewide third -
grade assessment.
5. a. A student not eligible for automatic promo tion as
provided for under paragraph 3 of th is subsection and
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who does not meet the criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide thir d-grade
assessment administered pursuant to Se ction 1210.508
of this title may be evaluate d for probationary
promotion by the Student Readi ng Proficiency Team
which was created for the student pursuant to
subsection E of this section.
b. The student shall be promoted to the fourth grade if
the team members unanimously recommend probationary
promotion to the school principal and the school
district superintendent and the principal and
superintendent approve the recommendation that
promotion is the best optio n for the student. If a
student is allowed a probationary promotion, the team
shall continue to review the reading performance of
the student and repeat the requirements of this
paragraph each academic year until the student
demonstrates grade-level reading proficiency, as
identified through a screen ing instrument which meets
the acquisition of reading skills criteria pursuant to
subsection B of this section, for the corresponding
grade level in which the student is enrolled or
transitions to a locally des igned remediation plan
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after the fifth grade w hich shall have the goal of
ensuring that the student is on track to be college
and career ready.
6. Beginning with the 2017-2018 school year, students who do
not meet the performance criteria established by t he Commission for
Educational Quality and Acco untability on the reading portion of the
statewide third-grade assessment administered pursua nt to Section
1210.508 of this title, who are not subject to a good cause
exemption as provided in subsection L of th is section, and who do
not qualify for promoti on or probationary promotion as provided in
this subsection, shall be retained in the third g rade and provided
intensive instructional services and supports as provided for in
subsection O of this section.
7. Each school district shall annually report to the State
Department of Education the number of students promoted to the
fourth grade pursuan t to this subsection and the number of students
promoted to a subsequent grade pursuant to the provisions in
paragraph 5 of this subsection. The State Department of Education
shall publicly report the aggre gate and district-specific number of
students promoted on their website and shall provide electronic
copies of the report to the Governor, Secretary of Education,
President Pro Tempore of the Senate, Speaker of t he House of
Representatives, and to the resp ective chairs of the committees with
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responsibility for common education policy in each legislative
chamber.
J. The parent of any student who is found to have a read ing
deficiency and is not meeting grade -level reading targets and has
been provided a prog ram of reading instruction as provided for in
subsection B of this section shall be notified in writing of the
following:
1. That the student has been identified as having a substantial
deficiency in reading;
2. A description of the current services that are provided to
the student pursuant to a conjoi nt measurement model such that a
reader and a text are placed on the same scale;
3. A description of the proposed su pplemental instructional
services and supports that will be provided to the student that a re
designed to remediate the identified area of r eading deficiency;
4. That the student will not be promoted to the fourth grade if
the reading deficiency is not rem ediated by the end of the third
grade, unless the student is otherwise promoted as provide d for in
subsection I of this section or is exemp t for good cause as set
forth in subsection L of this section;
5. Strategies for parents to use in helping their chi ld succeed
in reading proficiency;
6. The grade-level performance scores of the student;
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7. That while the results of the statewide asses sments
administered pursuant to Section 1210.508 of this title are the
initial determinant, they are not the sole det erminer of promotion
and that portfolio review s and assessments are available; and
8. The specific criteria and policies of the school dis trict
for midyear promotion implemented as provided for in paragraph 4 of
subsection O of this section.
K. No student may be assigned to a grade level based solel y on
age or other factors that constitute so cial promotion.
L. For those students who do not meet the academic requirements
for promotion and who are not otherwise promoted as provided for in
subsection I of this section, a school district may promote the
student for good cause only. Good -cause exemptions for promotion
shall be limited to the fo llowing:
1. English language learners who have had less than two (2)
years of instruction in an English language lea rner program;
2. Students with disabilities w hose individualized education
program (IEP), consistent with state law, indicates that the st udent
is to be assessed with alternate achievement standards through the
Oklahoma Alternate Assessment Program (OAAP) ;
3. Students who demonstrate an acceptable l evel of performance
on an alternative standa rdized reading assessment approved by the
State Board of Education;
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4. Students who demonstrate, through a student portfolio, that
the student is reading on grade le vel as evidenced by demonstration
of mastery of the state standards beyond the retention l evel;
5. Students with disabilities who particip ate in the statewide
assessments administered pursuant to Section 1210.508 of this title
and who have an individualiz ed education program that reflects that
the student has received intensive remediation in reading and has
made adequate progress in reading pursuant to the student's
individualized education program;
6. Students who have received intensive remediation in reading
through a program of reading instructi on for two (2) or more years
but still demonstrate a deficiency in reading and who were
previously retained in prekindergarten for academic reasons,
kindergarten, first grade, second grade, or third grade; and
7. Students who have been granted an exemptio n for medical
emergencies by the State Depar tment of Education.
M. A student who is otherwis e promoted as provided for in
subsection I of this section or is promoted for good cause as
provided for in subsectio n L of this section shall be provided
intensive reading instruction that includes speciali zed diagnostic
information and specific reading s trategies for each student until
the student meets grade -level targets in reading. The school
district shall assist schools and teachers to implement reading
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strategies for the promoted students that resear ch has shown to be
successful in improving readin g among low-performing readers.
N. Requests to exempt students from the retention requirements
based on one of the g ood-cause exemptions as described in subsectio n
L of this section shall be made using the following process:
1. Documentation submitted fr om the teacher of the student to
the school principal that indicates the student meets one of the
good-cause exemptions and promotion of the student is appropriate .
In order to minimize paperwork requiremen ts, the documentation shall
consist only of the a lternative assessment results or student
portfolio work and the individual education plan (IEP), as
applicable;
2. The principal of the school shall review and di scuss the
documentation with the teacher and , if applicable, the other members
of the Student Reading Proficiency Team as described in subsection E
of this section. If the principal determines that the student meets
one of the good-cause exemptions and sh ould be promoted based on the
documentation provided, the principal shall make a recommendati on in
writing to the school district superintendent; and
3. After review, the school district superintendent shall
accept or reject the recommendation of the prin cipal in writing.
O. Each school district s hall:
1. Conduct a review of the program of read ing instruction for
all students who do not meet the performance criteria established by
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the Commission for Education al Quality and Accountability on the
reading portion of the statewide assessment administe red pursuant to
Section 1210.508 of this title an d did not meet the criteria for one
of the good-cause exemptions as set forth in subsection L of this
section. The review shall address additional supports and se rvices,
as described in this subsection, nee ded to remediate the identified
areas of reading deficiency. The school district shall require a
student portfolio to be completed for each retained student;
2. Provide to students who have been retained as set forth in
subsection I of this section with intensive interventions in
reading, intensive ins tructional services and supports to remediate
the identified areas of reading deficiency, including a minimum of
ninety (90) minutes of daily, uninterrupted, scien tific-research-
based reading instruction. R etained students shall be provided
other strategies prescribed by the school district, which may
include, but are not limited to:
a. small group instruction,
b. reduced teacher-student ratios,
c. more frequent progress monitoring,
d. tutoring or mentoring,
e. transition classes containing third - and fourth-grade
students,
f. extended school day, week, or year, and
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g. summer reading academies as provided for in Section
1210.508E of this title, if available;
3. Provide written notification to the parent or g uardian of
any student who is to be retained as s et forth in subsection I of
this section that the student has not met the performance criteria
required for promotion and was not otherwise promoted and the
reasons the student is not eligible for a good -cause exemption. The
notification shall include a d escription of proposed interventions
and intensive instructional supports that will be provided to the
student to remediate the identified areas of reading deficie ncy;
4. Implement a policy for the midyear promotion of a retained
student who can demonstra te that the student is a successful and
independent reader, is reading at or above grade -level targets, and
is ready to be promoted to the fourth grade. Tools tha t school
districts may use in reevaluating a ny retained student may include
screening assessments, alternative assessments, and portfolio
reviews, in accordance with rules of the State Board of Education.
Retained students may only be promoted midyear pri or to November 1
and only upon demonstrating that the student has met the performance
criteria established by the Commission for Educational Quality and
Accountability on the reading portion of the statewide th ird-grade
assessment administered pursuant to Section 1210.508 of this title,
or upon demonstrating proficiency in reading at the third -grade
level through a screening instrument administered pursuant to
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subsection B of this section, and upon showing progr ess sufficient
to master appropriate fourth -grade-level skills, as determined by
the school. A midyear promotion shall be made only upon a greement
of the parent or guardian of the student and the school principal;
5. Provide students who are retained wit h a high-performing
teacher who can address th e needs of the student, based on student
performance data and above-satisfactory performance appraisals; and
6. In addition to required reading enhancement and acceleration
strategies, provide students who are retained with at least one of
the following instructional options:
a. supplemental tutoring in scientific-research-based
reading services in addition to the regular reading
block, including tutoring before or after school,
b. a parent-guided "Read at Home" assistance plan, as
developed by the State D epartment of Education, the
purpose of which is to encourage regular parent-guided
home reading, or
c. a mentor or tutor with specialized reading training.
P. Beginning with the 2011 -2012 school year, each sch ool
district shall establish a Reading Enhance ment and Acceleration
Development (READ) Ini tiative. The focus of the READ Initiative
shall be to prevent the retention of third-grade students by
offering intensive accelerated reading instruction to third -grade
students who failed to meet standards for promotion to fourth grade
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and to kindergarten through third-grade students who are exhibiting
a reading deficiency. The READ Initiative shall:
1. Be provided to all kindergarten through third -grade students
at risk of retention as identified by the asses sments administered
pursuant to the Reading Sufficiency Act. The assessment used shall
measure phonemic awareness, phonics, reading fluency, vocabulary,
and comprehension;
2. Be provided during regular school hours in addition to the
regular reading inst ruction;
3. Provide a reading curriculum th at, at a minimum, meets the
following specificati ons:
a. assists students assessed as exhibiting a reading
deficiency in developing the ability to read at grade
level,
b. provides skill development in phonemic aw areness,
phonics, reading fluency, vocabular y, and
comprehension,
c. provides a scientific -research-based and reliable
assessment,
d. provides initial and ongoing analysis of the reading
progress of each studen t, and
e. is implemented during regular school hours,;
4. Establish at each school, where applicable, an Intensive
Acceleration Class for retained third-grade students who
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subsequently do not meet the performance criteria established by the
Commission for Educational Quality and Accountability on the reading
portion of the statewide assessment administered pursuant to Section
1210.508 of this title. The focus of the Intensive Acceleration
Class shall be to increase the reading level of a child at least tw o
grade levels in one (1) school year. The In tensive Acceleration
Class shall:
a. be provided to any student in the third grade who does
not meet the performance criteria established by the
Commission for Educational Quality and Accountability
on the reading portion of the statewide assessments
and who was retained in the third grade the prior year
because of not meeting the performance crit eria on the
reading portion of the statewide assessments,
b. have a reduced teacher -student ratio,
c. provide uninterrupted reading instruction for the
majority of student contact time each day and
incorporate opportunities to master the fourth -grade
state standards in other core subject areas,
d. use a reading program that is scientific -research-
based and has proven res ults in accelerating student
reading achievement within the same school year,
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e. provide intensive language and vocabulary instruction
using a scientific-research-based program, including
use of a speech-language therapist, and
f. include weekly progress m onitoring measures to ensure
progress is being made;
5. Provide reports to the State Boar d of Education, upon
request, on the specific int ensive reading interventions and
supports implemented by the school district. The State
Superintendent of Public Ins truction shall annually prescribe the
required components of the reports; and
6. Provide to a student who has been retained in the third
grade and has received intensive instructional services but is still
not ready for grade promotion, as determined by t he school district,
the option of being placed in a transitional instructional setting.
A transitional setting shall specifically be desig ned to produce
learning gains sufficient to meet fourth -grade performance standards
while continuing to remediate the areas of reading deficiency.
Q. 1. Each school district board of education shall annual ly
publish on the school website, and report in w riting to the State
Board of Education by September 1 of each year, the following
information on the prior school yea r:
a. the provisions of this section relating to public
school student progression and the policies and
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procedures of the school district o n student retention
and promotion,
b. the number and percentage of all students in grade
three that did not meet the performance criteria
established by the Commis sion for Educational Quality
and Accountability on the reading portion of the
statewide assessment administered pursuant to Section
1210.508 of this title,
c. by grade, the number and percentage of all students
retained in grades three through ten,
d. information on the total number and percentage o f
students who were promoted for good cause, by e ach
category of good cause as specified above, and
e. any revisions to the policies of the school district
on student retention and promotion from the prior
year.
2. The State Department of Education shall establish a uniform
format for school districts t o report the information required in
this subsection. The format shall be developed with input from
school districts and shall be provided not later than ninety ( 90)
days prior to the annual due date. The Department shall annually
compile the information required, along with state-level summary
information, and report the information to the public, the Governor,
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the President Pro Tempore of the Senate, and the Spe aker of the
House of Representatives.
R. The State Department of Education shall provide tec hnical
assistance as needed to aid school districts in administering the
provision of the Reading Sufficiency Act.
S. On or before January 31 of each year, the St ate Department
of Education shall issue to t he Governor, the President Pro Tempore
of the Senate, the Speaker of the House of Representatives and
members of the Senate and House of Representatives Education
Committees a Reading Sufficiency Report which sha ll include, but is
not limited to, trend dat a detailing three (3) years of data,
disaggregated by student subgroups to include economically
disadvantaged, major racial or ethnic groups, students with
disabilities, and English language learners, as appropri ate for the
following:
1. The number and pe rcentage of students in kindergarten
through third grade determined to be at risk for reading
difficulties compared to the total number of students enrolled in
each grade;
2. The number and percentage of student s in kindergarten who
continue to be at risk for reading difficulties as determined by the
year-end measurement of reading progress;
3. The number and percentage of students in kindergarten
through third grade who have successfully completed their program of
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reading instruction and are reading on g rade level as determined by
the results of approv ed reading assessments;
4. The number and percentage of students that meet or do not
meet the performance criteria e stablished by the Commission for
Educational Quality and Accountability on the reading por tion of the
statewide third-grade assessment admi nistered pursuant to Section
1210.508 of this title;
5. The number of students tested, the number of students
promoted through meeting proficiency on a screening instrument as
provided for in subsection I o f this section, the number of students
promoted through each of the good-cause exemptions as provided for
in subsection L of this section and the number of students r etained
and the number of students promoted th rough probationary promotion
as provided for in subsection I of this section for each element ary
site;
6. Data tracking the progression of students promoted through
each of the good-cause exemptions as provide d for in subsection L of
this section and stud ents promoted through probationary promotion or
students who are retained in third grade as p rovided for in
subsection I of this section. The data shall include but not be
limited to information regarding whet her students graduate on time;
7. The amount of funds for reading remediation received by each
district;
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8. An evaluation and narrative i nterpretation of the report
data analyzing the impact of the Reading Sufficiency Act on
students' ability to read at grade level;
9. The type of reading instructi on practices and methods
currently being used by school districts in the state;
10. Socioeconomic information, access to reading resources
outside of school and screening for and identification of learning
disabilities for students not reading at the appr opriate grade level
by third grade;
11. The types of intensive remediation efforts being con ducted
by school districts to identify best practices for students that are
not reading at the appropriate grade leve l and are not retained
under the provisions of this section; and
12. Any recommendations for improvements or amendments to the
Reading Sufficiency Act.
The State Department of Education may contract with an
independent entity for the reporting and analysi s requirements of
this subsection.
T. Copies of the results of the assessments administer ed shall
be made a part of the permanent record o f each student.
SECTION 13. AMENDATORY 70 O.S. 2021, Section 1210.508D,
is amended to read a s follows:
Section 1210.508D A. Contingent on the provision of
appropriated funds design ated for the Reading Sufficiency Act,
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school districts may be allocated monies for each enrolled
kindergarten student or first -, second- and third-grade student
based on the average daily attendance of those students from the
current previous school year, including any student who has been
retained in the third grade pursuant to Section 1210.508C of this
title, who is found to be in need of remediation or intervention in
reading. The allocation shall be distributed to each school
district upon approval of the reading sufficiency plan for the
school district by the State Department of Education and the
submittal of a child -count report to the Department that details the
number of students identified as needing remediation or intervention
in reading average daily attendance numbers . To determine a per-
student allocation amount, the total amount of funds availa ble for
allocation each year shall be divided by the total num ber of
students in the state identified as in need of rem ediation or
intervention in readi ng as provided for in Section 1210.508C of this
title based on the average daily attendance from the previous school
year. Each school district shall be allocated an amount equal to
the per-student allocation amount multip lied by the number average
daily attendance of identified students enrolled from the previous
school year in the school district.
1. School districts shall use monies generated by the Reading
Sufficiency Act only for instructional purposes and professional
development based on the plan submitted to the Department intended
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to improve reading proficiency for students in kindergarten and
first, second, and third grades with particular emphasis on students
in kindergarten and first and second grade.
2. Each school district that has more than twenty percent (20%)
of its students in third grade who do not demonstrate sufficient
reading skills as established by the State Board of Education
according to the reading portion of the statewide assessment shall
receive monies generated by the Reading Sufficiency Act established
in this section only after the kindergarten and first, second, and
third grade reading program plan of the school district has been
submitted, reviewed, and approved by the Department. Additional
support for schools shall be de fined in rules promulgated by the
Department. The Department shall give approval to a school district
before any portion of the monies generated by the Reading
Sufficiency Act may be distributed to the school district purs uant
to this subsection.
B. Beginning with the 2022-2023 school year, districts
receiving more than Two Thousand Five Hundred Dollars ($2,500.00)
pursuant to subsection A of this section shall spend no less than
ten percent (10%) to provide professional d evelopment for teachers
teaching prekindergarten through grade fi ve. The professional
development shall include training in the science of how students
learn to read as well as instructional materia ls required for
implementation.
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C. By June 30, 2022, the Department shall approv e and publish a
list of professional deve lopment programs that are evidence-based
and directly address the cognitive science of how students learn to
read for which districts are permitted to use the funds received
under this section.
D. If a teacher attends and completes a professional
development institute in elementary reading approved by the Oklahoma
Commission for Teacher Preparation during the summer or when school
is not in session, the teacher may receive a stipend equal to the
amount of the cost f or a substitute teacher, based on the amo unt of
funds allocated.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 1210.508H of Title 70, unless
there is created a dup lication in numbering, reads as f ollows:
A. Beginning with the 202 3-2024 school year, the State
Department of Education shall retain no less than ten percent (10%)
of funds appropriated for the Read ing Sufficiency Act to employ a
literacy instructional team to support school districts in
implementation of the requirements of Sectio n 1210.508C of Title 70
of the Oklahoma Statutes. The Department shall provide technical
assistance for literacy instruc tion, dyslexia and related disorders,
and serve as a primary source of information and sup port for schools
in addressing the needs of s tudents struggling with literacy,
dyslexia and related disorders. The Department shall develop
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program implementation gu idance for school districts to assist
schools in administering an effective kindergarten through third
grade evidence-based reading program plan. The guidance shall
include identifying and recommending appropriate program
expenditures, providing technical oversight and assistance for
annually updating reading p rogram plans, selecting and adopt ing
evidence-based reading curricula , and providing and promoting
teacher professional development that is based on evidence -based
reading research.
B. The Department shall employ a literacy instructional team
with team members who are placed regionally across the state. The
literacy instructional teams shall assist general education and
special education teachers in recognizing educational needs to
improve literacy outcomes for all students including tho se with
dyslexia or identified with the risk charac teristics associated with
dyslexia. The role of the literacy instructional team shall also
include increasing professional awareness and instructional
competencies to meet the educational needs of all students including
those with dyslexia or identified w ith risk characteristics
associated with dysl exia. The Department shall prioritize supports
and interventions, including enrollment in reading trainings and
professional development, for schools which have the highest
percentage of students who do not demonstrate sufficient reading
skills as established by the State Board of Education.
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C. Literacy instructional team members employed by the
Department shall have training in:
1. The science of how students learn to read inc luding
phonological awareness, ph onics, fluency, vocabulary, comprehension,
writing, and language;
2. Foundation of multisensory, explicit, systematic, and
structured reading instruction;
3. Identification of and the appropriate interventions,
accommodations, and teaching techniques for struggling students;
4. The requirements of the Reading Sufficiency Act;
5. Special education laws and procedures; and
6. Appropriate interve ntions, accommodations, and assistive
technology supports for students with dy slexia or a related
disorder.
D. The literacy instructional team members employed by the
Department shall report to the Director of Reading Sufficiency and
have:
1. A minimum of five regional literacy leads, at least one who
shall be designated by the De partment as a dyslexia specialist to
provide school districts with support and resources that are
necessary to assist students with dyslexia . The Department shall
give preference to educators applying for regional literacy lead
who:
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a. have an endorsement or certification as a certified
structured literacy dyslexia specialist or ce rtified
academic language therapist,
b. are knowledgeable of multitiered systems of support;
and
c. have been trained in the identification of and
intervention for dyslexia and r elated disorders,
including best practice interventions and treatment
models for dyslexia; and
2. A minimum of ten literacy specialists. The Department shall
give preference to e ducators applying for literacy specialist who:
a. have training in the scien ce of reading,
b. are knowledgeable of multitiered sy stems of support,
and
c. have been trained in the identification of and
intervention for dyslexia and related disorders,
including best practice i nterventions and treatment
models for dyslexia.
SECTION 15. This act shall become effective July 1, 2023.
SECTION 16. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after i ts passage and approval.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate