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ENGROSSED HOUSE
BILL NO. 2676 By: Baker, West (Tammy),
Wolfley, and Waldron of the
House
and
Thompson (Roger) of the
Senate
[ schools - State Aid - definition for English
language learner - annual assessment - weighted
pupil category for cal culating State Aid -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 18 -109.5, is
amended to read as follows:
Section 18-109.5 A. As used in Section 18-201.1 of this title:
1. "Visual impairment" means an impairment in vision that, even
with correction, adversely affects a child 's educational
performance. This includes both partial sight and blindne ss;
2. "Specific learning disability " means a disorder in one or
more of the basic psy chological processes involved in understanding
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or in using language, spoken or written, that may manifest itself in
the imperfect ability to listen, think, speak, read, write, spell or
to do mathematical calculation s, including conditions such as
perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia and developmental aphasia. The term does not include
learning problems that are primarily the result o f visual, hearing
or motor disabilities, of in tellectual disability, of emotional
disturbance or of environmental, cultural or economic disadvantage;
3. "Deafness" means a hearing impairment that is so severe that
the child is impaired in processing lingu istic information through
hearing, with or wit hout amplification, that adversely affect s a
child's educational performance;
4. "Economically disadvantaged " means all children who qualify
for free or reduced lunches;
5. "Intellectual disability " means significantly subaverage
general intellectual fun ctioning, existing concurrently with
deficits in adaptive behavior and manifested during the development
period, that adversely affects a child 's educational performance;
6. "Emotional disturbance " means a condition exhibiting one or
more of the following characteristics over a long period of ti me and
to a marked degree that adversely affects a child 's educational
performance:
a. an inability to learn which cannot be explained by
intellectual, sensory or health factors,
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b. an inability to build or maintain satisfactory
interpersonal relationships with peers and teachers,
c. inappropriate types of behavior or feelings under
normal circumstances,
d. a general pervasive mood of unhappiness or depression,
or
e. a tendency to develop physical symptoms or fears
associated with personal or school problem s.
The term includes children who are schizophrenic. The term does not
include children who are socially maladjusted, unless it is
determined that they are seriously em otionally disturbed;
7. "Gifted" means identified students as outlined in Section
1210.301 of this title;
8. "Hearing impairment" means an impairment in hearing, whether
permanent or fluctuating, that adversely affects a child 's
educational performance b ut that is not included under the
definition of "deafness";
9. "Multiple disabilities " means concomitant impairments, such
as intellectual disability – blindness or intellectual disability –
orthopedic impairment, the combination of which causes such seve re
educational needs that they cannot be accom modated in special
education programs sol ely for one of the impairments. The term does
not include deaf-blindness;
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10. "Orthopedic impairment " means a severe orthopedic
impairment that adversely affects a chi ld's educational performance.
The term includes impairments caused by a congenital ano maly,
impairments caused by disease such as poliomyelitis and bone
tuberculosis, and impairments from other causes such as cerebral
palsy, amputations and fractures or b urns that cause contractures;
11. "Other health impairment" means having limited stren gth,
vitality or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness with
respect to the educational environment that adversely affects a
child's educational performance and is due to chronic or acute
health problems such as asthma, attention deficit disorder or
attention deficit hyperactivity disorder, diabetes, epilepsy, a
heart condition, hemophilia, lead poisoning, l eukemia, nephritis,
rheumatic fever, sickle ce ll anemia and Tourette syndrome;
12. "Speech or language impairment " means a communication
disorder, such as stuttering, impaired articulation, a language
impairment, or a voice impairment, that adversely affe cts a child's
educational performance;
13. "Deaf-blindness" means concomitant hearing and visual
impairments, the combination of which causes such severe
communication and other developmental and educational problems that
they cannot be accommodated in sp ecial education programs solely for
children with deafness or children with blindness;
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14. "Autism" means a developmental disability significantly
affecting verbal and nonverbal communication and social interaction,
generally evident before age three (3), that adversely affects a
child's educational performance. Other characteristics often
associated with autism are engagement in repetitive activities and
stereotyped movements, resistance to environmental change or change
in daily routines, and unusual re sponses to sensory experiences.
Autism does not apply if a child's educational perform ance is
adversely affected primarily because the child has an emotional
disturbance, as defined in this subsection;
15. "Traumatic brain injury " means an acquired injur y to the
brain caused by an external physical force, resulting in total or
partial functional disability or psychosocial impairment, or both,
that adversely affects a child 's educational performance. Traumatic
brain injury applies to open or closed head i njuries resulting in
impairments in one or mor e areas such as cognition; language;
memory; attention; reasoning; abstract thinking; judgment; problem -
solving; sensory, perceptual, and motor abilities; psychosocial
behavior; physical functions; information processing; and speech.
Traumatic brain injur y does not apply to brain injuries that a re
congenital or degenerative or to brain injuries induced by birth
trauma;
16. "Bilingual English language learner" means those students :
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a. who have limited English speaking abilities or who
come from homes where English is not the dominant
language as reported on the current year application
for accreditation:
(1) were not born in the United States or whose
native language is a language other than English,
(2) are Native American or Alaska Natives, or a
native resident of the outlying areas, and who
come from an environment where a language other
than English has had a significant impact on the
student's level of English language proficiency,
or
(3) are migratory, whose native lang uage is a
language other than Eng lish, and who come from an
environment where a language other than English
is dominant, and
b. whose difficulties in speaking, reading, writing , or
understanding the English language may be sufficient
to deny the student:
(1) the ability to meet the state 's proficient level
of achievement on state assessments,
(2) the ability to successfully achieve in classrooms
where the language of instruction is English, or
(3) the opportunity to participate fully in society .
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Any school district receiving funds for a student who is categorized
as an English language learner shall reevaluate the student annually
using assessments required by federal law to confirm the stud ent
continues to meet the definition of English language learner as
provided in this paragraph;
17. "Special Education Summer Program " means those summer
school programs which school districts may provide for children who
are severely or profoundly multiple -handicapped if their
individualized education program states the need for a continuing
educational experience to prevent loss of educational achievement or
basic life skills. Any school district receiving funds for such
special education summer programs shall provide services as provided
in Section 13-101 of this title; and
18. "Optional Extended Sch ool Year Program" means the program
defined in Section 1-109.1 of this title.
B. The State Board of Education is hereby authorized t o modify
and redefine by rule the definitions set out in this section
whenever such modification is required to receive fed eral assistance
therefor.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -201.1, is
amended to read as follows:
Section 18-201.1 A. Beginning with the 2020 -21 school year,
and each school year thereafter, t he weighted membership of a school
district for calculation of Fo undation Aid purposes pursuant to
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paragraph 1 of subsection D of Section 18 -200.1 of this title shall
be the sum of the weighted pupil grade level calculation, the
weighted pupil category cal culation, the weighted district
calculation and the weighted teac her 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 lev el calculation, the weighted pupil
category calculation, the weighted district calculation and the
weighted teacher experience and degree calculation.
B. Beginning with the 2022 -2023 school year, the weighted
calculations provided for in subsection A of t his section shall be
based on the higher weighted average daily membership of the first
nine (9) weeks of the current school year or the preceding school
year of a school district, unless oth erwise specified. The higher
of the two (2) weighted average dai ly memberships shall be used
consistently in all of the calculations; however, the weighted
calculation for a statewide virtual charter school experiencing a
significant decline in membership 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 averag e daily membership from the
preceding school year to the average daily membership of the first
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nine (9) weeks of the current school year . The average daily
membership data used for all calculations in paragraphs 1, 2, 3 and
4 of this subsection shall be t he same as used in the calculation of
the State Aid Formula . The weighted calculations provided for in
subsection A of this section shall be determined as follows:
1. The weighted pupil grade level calculation shall be
determined by taking the highest av erage daily membership and
assigning weights to the pupils accord ing to grade attended as
follows:
GRADE LEVEL WEIGHT
a. Half-day early childhood programs .7
b. Full-day early childhood programs 1.3
c. Half-day kindergarten 1.3
d. Full-day kindergarten 1.5
e. First and second grade 1.351
f. Third grade 1.051
g. Fourth through sixth grade 1.0
h. Seventh through twelfth grade 1.2
i. Out-of-home placement 1.50
Multiply the membership of each subparagraph of this paragraph by
the weight assigned to such subpara graph of this paragraph and add
the totals together to determin e the weighted pupil grade level
calculation for a school district . Determination of the pupils
eligible for the early childhood program weight shall be pursuant to
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the provisions of Section 1 -114 of this title. The pupils eligible
for the out-of-home placement pupil weight shall be students who are
not residents of the school district in which they are receiving
education pursuant to the provisions of subsection D of Section 1 -
113 of this title. Such weight may be claimed by the district
providing educational services to such student for the days that
student is enrolled in that district . If claimed, the out-of-home
placement weight shall be in lieu of the pupil 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
(6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a
center with ten (10) beds - 1.80.
2. The weighted pupil category calculation shall be determined
by assigning a weight 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
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h. Multiple Disabilities 2.4
i. Orthopedic Impairment 1.2
j. Speech or Language Imp airment .05
k. Bilingual English Language Learner .25 .34
l. Special Education Summer Program 1.2
m. Economically Disadvantaged .25 .34
n. Optional Extended School Year
Program As determined by
the State Board
of Education
o. Autism 2.4
p. Traumatic Brain Injury 2.4
q. Other Health Impairment 1.2
Except as otherwise provided, multiply the number of pupils approve d
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 weighted 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 students who score d in the
top three percent (3%) on any national st andardized test of
intellectual ability plus the number of students identified as
gifted pursuant to subparagraphs a through d of paragraph 1 of
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Section 1210.301 of this title, or (2) the sum of the number of
students who scored in the top three percent (3 %) on any national
standardized test of intellectual ability plus eight percent (8%) of
the total average daily membership of the school district for the
first nine (9) weeks of the school year.
3. The weighted 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 the greater of the calculations of
the two formulas and then applying the restrictions pur suant to
subparagraph c of this paragraph.
a. Small school district formula : 529 minus the average
daily membership divided by 529 times .2 time s total
average daily membership.
The small school district f ormula calculation shall apply
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, pur suant to
the Oklahoma School Voluntary Consolidation and Anne xation
Act shall have the weighted district size c alculation for
the three (3) school years following the fiscal year in
which such consolidation occurred calculated to be the sum
of the individual consolidated districts computed as if the
consolidation had not taken place. Thereafter, any such
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district which is consolidated pursuant to the Oklahoma
School Voluntary Consolidation and Annexation Act shall not
qualify for the weighted district calc ulation unless the
district can satisfy the specifications he rein. 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:
(1) whose total area in square miles is greater than
the average number of square miles for all school
districts in this state; and
(2) whose areal density is less than one-fourth (1/4)
of the state average areal density. Areal
density shall be determine d 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 factor multiplied by
the school district area factor . The resulting
product shall be multiplied by the school district 's
average daily membership . Subject to the provisions
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of subparagraph c of this paragraph, the resulting
number shall be counted as additional students for th e
purpose of calculating State Aid.
The school district student cost factor shall be calculated
as follows:
The school district's average daily membership shall
be categorized into the following grade level groups
and applied to the appropriate formulas as computed
below:
Grade Level Group
Grades K-5 Divide 74 by the sum of the Grade
Level ADM plus 23,
add .85 to the quotient, then
multiply the sum by the Grade
Level ADM.
Grades 6-8 Divide 122 by the sum of the Grade
Level ADM plus 133,
add .85 to the quoti ent, 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, th en
multiply the sum by the Grade
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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 quotient.
The school district area cost factor shall be calculated as
follows:
Subtract the state average district area from the
district area, then divide the remainder by the state
average district area;
however, the district area cost factor shall not exceed one
(1.0).
The State Board of Education shall define geog raphical barriers
whose location in a school district 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 squ are miles to be used for
the purposes of calculations used for the weig hted district sparsity
- isolation formula. Provided, that the additional square miles
allowed for geographical barriers shall not exceed thirty percent
(30%) of the district's actual size.
c. State Aid funds which a district is calculated to
receive as a result of the weighted district
calculation shall be restricted as follows:
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If, after the weighted district calculation is
applied, the district 's projected per pupil
revenue exceeds one hundred fifty perc ent (150%)
of the projected state average per pupi l 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 hundr ed fifty
percent (150%) of the projected state average per
pupil revenue. Provided, in applying the
restriction provided in this division, the
district's State Aid shall not be reduced by an
amount greater than by the amount of State Aid
which was generated by the weighted district
calculation.
The July calculation of the projected per pupil
revenue shall be deter mined 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 degree index
calculations for projected State Aid into the
district's projected total revenues including
projected funds for the State Aid Formula for the
preceding year, net assessed valuation for the
preceding calendar y ear times thirty-nine (39) mills,
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county revenues excluding t he 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 rev enue, 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 the current
school year or the preceding school year 's average
daily membership (ADM) as weighted by the pupil grade
level, the pupil category, the district and the
teacher experience degree index calculations for
projected State Aid into the district 's projected
total revenues including funds for the December
calculation of the current year State Aid Formula, net
assessed valuation for the current calendar year times
thirty-nine (39) mills, county revenues excluding the
county four-mills revenue for the preceding year,
other state appropriations for the preceding year and
the collections for the preceding year of state
apportionment, motor vehicle revenue, gross production
tax and R.E.A. tax.
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The district's projected total revenues for each
calculation shall exclude the following collections
for the second preceding year: federal revenue,
insurance loss payments, reimbursements, reco very of
overpayments and refunds, unused reserves, prior
expenditures recovered, prior year surpluses, and
other local miscellaneous revenues.
4. The weighted teacher experience and degree calcu lation shall
be determined in accordance with the teacher exp erience and degree
index. The State Department of Education shall determine an index
for each state teacher by using data supplied in the school
district's teacher personnel reports of the prece ding 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 each school district shall
be determined by subtracting the weighted average st ate teacher from
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the weighted average district teacher . Multiply the school district
teacher index if greater than zero by .7 and then multiply that
product by the sum of the district's weighted pupil grad e level
calculation provided in paragraph 1 of thi s subsection and the
weighted pupil category calculation provided in subparagraph m of
paragraph 2 of this subsection to determine the weighted t eacher
experience and degree calculation.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 20th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate