ENGR. H. A. to ENGR. S . B. NO. 359 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE AMENDME NTS TO ENGROSSED SENATE BILL NO . 359 By: Pugh of the Senate and Lowe (Dick) of the House [ school funding – State Aid funding formula – effective date ] AMENDMENT NO. 1. Page 1, Line 9, strike the enacting clause Passed the House of Representatives the 26th day of April, 2023. Presiding Officer of the House of Representatives Passed the Senate the ____ day of _______ ___, 2023. Presiding Officer of the Senate ENGR. S. B. NO. 359 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 359 By: Pugh of the Senate and Lowe (Dick) of the House [ school funding – State Aid funding formula – effective date ] BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-107, is amended to read as follows: Section 18-107. As used in this title: 1. “Average Daily Attendance ” “Average daily attendance ” (ADA) means the legal average number of pupi ls, early childhood education programs through grade twelve, in a school district du ring a school year as determined pursuant to th e provisions of Section 18-111 of this title. A day of school for early childhoo d education programs and kindergarten shall be at least two and one -half (2 1/2) hours and, for early childhood education, may b e six (6) hours.; 2. “Average Daily Membership ” “Average daily membership ” (ADM) means the average number of pupils present and absent in a school district during a school year. Average Daily Membership daily membership shall be calculated by dividing th e sum of the pupil’s ENGR. S. B. NO. 359 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 total days present and total days absent by the number of days taught. a. A pupil who has been absent without excuse ten (10) consecutive days shall be taken off the roll beginni ng the eleventh day and thereafter shall not be considered in a district’s average daily membership ADM calculation until the pupil is placed on the roll in the district. For the purpose of this paragraph subparagraph, consecutive days means days for which enrollment is recorded. b. A pupil enrolled in a statew ide virtual charter school who is behind pace and has not completed instructional activity as defined by Section 3-145.8 of this title for a fifteen-school-day period, without excuse as authorized by Section 10-105 of this title, shall be taken off the roll beginning the sixteenth day and thereafter shall not be considered in the virtual charter school’s Average Daily Membership ADM calculation until the pupil is placed on the roll in the virtual charter school.; and 3. “Total Adjusted Assessed Valuation ” means the sum of public service property assessed valuation, personal property assessed valuation and real property assessed valuation as adjusted pursuant to the provisions of Section 18-109.1 of this title. ENGR. S. B. NO. 359 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. “Eighty-five percent (85%) of maximum allow able”, for the purpose of assessing class size pen alty pursuant to Sections 18- 113.1 and 18-113.2 of this title, means eighty-five percent (85%) of ten percent (10%) of the preceding year’s net assessed valuation of a school district. The calculation of i ndebtedness as provided for in paragraph a of subs ection G F of Section 18-113.1 and subparagraph a of paragraph 4 of subsection A of Section 18-113.2 of this title shall include the outstanding princi pal amount of bonds issued by the school district plus the principal amount of any bonds authorized by a vote of the people for issuance but not yet issued by the school district. SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-200.1, as last amended by Section 2, Chapter 488, O.S.L. 2021, is amended to read as follows: Section 18-200.1. A. Beginning with the 2022-2023 2024-2025 school year, and each school year thereafter, each school district shall have its initial allocation of State Aid calculated based on the ad valorem tax and state dedicated revenue s actually collected during the preceding fiscal year , the adjusted assessed valuation of the preceding year and the weighted average daily membership for the school district of the preceding school year. Each school district shall submit the following da ta based on the first nine (9) weeks, to be used in the calculation of the ave rage daily membership of the school district: ENGR. S. B. NO. 359 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Student enrollment by grade level; 2. Pupil category counts; and 3. Transportation supplement data. On or before December 30, the State Department of Education shall determine each school district ’s current year allocation pursuant to subsection D of t his section. The State Department of Education shall complete an audit, using procedures established by the Department, of the st udent enrollment by grade level data, pupil category counts, and transportation supplement data to be used in the State Aid Formula pursuant to subsection D of this section by December 1 and by January 15 shall notify each school district 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 subsecti on 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 the school year shall not decrease by an amount more than the amount that the current chargeable revenue increases for that district. B. The State Department of Education shall retain n ot less than one and one-half percent (1 1/2%) four percent (4%) of the total funds appropriated for financial support of schools, to be used to make midyear adjustments in State Aid and which shall be reflec ted ENGR. S. B. NO. 359 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in the final allocations. If the amount of appropriated funds, including the one and one-half percent (1 1/2%) four percent (4%) retained, remaining after January 1 of each year is no t sufficient to fully fund the final allocations, the Department sha ll recalculate each school district’s remaining allocation pursuant to subsection D of this section using the reduced amount of appropriated funds. C. On and after July 1, 1997, the amoun t of State Aid each district shall receive shall be the sum of the F oundation Aid, the Salary Incentive Aid, and the Transportation Supplement, as adjusted pursuant to the provisions of subsection G E of this section and Section 18-112.2 of this title; provi ded, no district having per pupil revenue in excess of three hundr ed percent (300%) of the average per pupil reven ue 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 revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unuse d reserves, prior expenditur es recovered, prior year surpluses, an d less the amount of any transfer fees paid in t hat year. The December calculation of per pupil revenue shall be determined by dividing the district’s preceding year’s total ENGR. S. B. NO. 359 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 weighted average daily membership (ADM) into the district’s preceding year’s total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior e xpenditures recovered, prior year surpluses, and less the amount of any transf er fees paid in that year. D. For the 1997-98 2024-25 school year, and each school ye ar thereafter, Foundation Aid, the Transportation Su pplement, and Salary Incentive Aid shall be calc ulated as follows: 1. Foundation Aid shall be det ermined by subtracting the am ount of the Foundation Program Income from the cost of the Foundation Program and adding to this difference the Transportation Su pplement. a. The Foundation Program shall be a d istrict’s higher weighted average daily membership based on the first nine (9) weeks of the current school year or the preceding school year of a school dis trict, as determined by the provisions of subsection A of Section 18-201.1 of this title and paragra phs 1, 2, 3, and 4 of subsection B of Section 18 -201.1 of this title, multiplied by the Base Foundation Support Level. However, for the portion of weighted membership derived from nonresident, transferred pupils enrolled in online courses, the Foundation Program shall be a district’s weighted average dai ly membership of the preceding school year or the first ENGR. S. B. NO. 359 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 nine (9) weeks of the current school year, whichev er 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 Sect ion 18-201.1 of this title, mul tiplied by the Base Foundation Support Level. b. The Foundation Program Inc ome shall be the sum of the following: (1) The adjusted assessed valuation of the current school year of the school district, minus the previous year protested ad valorem tax revenu es held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, multiplied by the mills levied the amount of ad valorem tax collections received by the school district from the proceeds of the levy during the preceding fiscal year, as levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitution, if applicable, as adjusted in subs ection (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 ENGR. S. B. NO. 359 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 valuation on which tax revenues are collected during the current school year, and (2) Seventy-five 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 o f 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 (1), (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 by law for the distribution of each such revenue. 2. The Transportation Supplement shall be equal to the average daily haul times the per capita allowance times the appropriate transportation factor. ENGR. S. B. NO. 359 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. The average daily haul shall be the number of children in a district who are legally transported and who live one and one-half (1 1/2) miles or more from school. b. The per capita allowance 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 ENGR. S. B. NO. 359 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .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 .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. 3. Salary Incentive Aid sh all 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 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. ENGR. S. B. NO. 359 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. Divide the district’s adjusted assessed valuation of the current school year minus the previous year ’s protested ad valorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, by one thousand (1,000) and su btract the quotient from the product of subparagraph a of this paragraph. The remainder shall not be less than zero (0) Subtract the amount received by the school dis trict from the proceeds of the levy during the preceding fiscal year, as levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitu tion above the fifteen (15) mills required to support Foundation Aid pursuant to division (1) of subparagraph b of paragraph 1 of this subse ction, not including the county four-mill levy, by the product of subparagraph a of this paragraph. The remainder shall not be less than zero and shall be the Salary Incentive Aid of the district. 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 this subsection, not including the county four-mill levy, by the remainder ENGR. S. B. NO. 359 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of subparagraph b of this paragraph. The product shall be the Salary Incentiv e Aid of the district. E. By June 30, 1998, the State Department of Education sha ll develop and the Department and all school distr icts shall have implemented a student identification system which is consistent with the provisions of subsections C and D o f Section 3111 of Title 74 of the Oklahoma Statutes. The student identification s ystem shall be used specifically for the purpose o f reporting enrollment data by school sites and by school districts, the administration of the Oklahoma School Testing Progr am Act, the collection of approp riate and necessary data pursuant to the Oklahoma Educational Indicators Program, determining studen t enrollment, establishing a student mobility rate, allocation of the State Aid Formula and midyear adjustments in funding f or student growth. This enrollment data shall be submitted to the State Departmen t of Education in accordance with rules promulgate d by the State Board of Education . Funding for the development, implementation, personnel training and maintenance of the s tudent identification system sha ll be set out in a separate line item in the alloc ation section of the appropriation 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 u ncollectible because of bankrupt cy, clerical error, or a successful tax protest, a nd the amount of such taxes deemed uncollectible e xceeds Fifty Thousand Dollars ($50,00 0.00) or ENGR. S. B. NO. 359 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 an amount greater than twenty-five percent (25%) of ad valorem taxes per tax year, or the valuation of a distr ict is lowered by order of the State Board of Equa lization, the school district’s State Aid, for the school year that such ad valorem tax es are calculated in the State Aid Formula, shall be determined by subtracting the net assessed valuation of the proper ty upon which taxes were deemed uncollectible from the assessed valuation of the school district and the state. Upon request of the loca l board of education, it shall be the duty of the county assessor to certify to the Dir ector of Finance of the State De partment of Education the net assessed valuation of the property upon which taxes were determined uncollectible. 2. In the event that th e amount of funds a school district receives for reimbursement from the Ad Valorem Reim bursement Fund is less than the amount of funds claimed for reimbursement by the school district due to insufficiency of funds as pr ovided in Section 193 of Title 62 of the Oklahoma Statutes, then the school district’s assessed valuation for the school yea r 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 reduced by an amount equal to the amount of carryover in the gen eral fund of the ENGR. S. B. NO. 359 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 district as of June 30 of the pre ceding fiscal year, that is in excess of the following standards for two (2) consecutiv e years: Total Amount of Amount of General Fund Collections, 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 Department of Educat ion shall send by certified mail, with return rece ipt requested, to each School District Superintendent, Auditor and Regional Accreditation Officer school district superintendent, auditor, and regional accr editation officer a notice of and calculatio n sheet reflecting the general fund balance penalty to be assessed against that sc hool district. Calculation of the general fund balance penalty shall not include federal revenue. Within thirty (30) days of receipt of this written notice the school distr ict shall submit to the Department a written reply either accepting or protesting the penalty to be assessed ENGR. S. B. NO. 359 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 against the district. If protesting, the school district shall submit with its reply the reasons for rejecting the calculations and documentation supporting those reasons. The Department shall review all school district penalty protest documentation and notify each district by March 15 of its finding 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 p roceeds from a tax settlement or a Federal Emergency Management Agency settlement during the last two (2) months of the preceding fiscal year shall be exempt from the penalti es assessed in this subsection, if the penalty would occur solely as a result of r eceiving funds from the tax settlement. 4. Any school district which receives an increase in State Aid because of a change in Foundation Aid and/or Salary Incentive Aid factors during the last two (2) months of the preceding fiscal ye ar shall be exempt from t he penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the increase in State Aid. 5. If a school district does not r eceive Foundation Aid and/or Salary Incentive Aid during the preceding fiscal year, th e State Board of Education may waive the penalty assessed in this subsection if the penalty would result in a loss of more than forty percent (40%) of the remaining State Aid to be allocated to the school ENGR. S. B. NO. 359 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 district between April 1 a nd the remainder of the s chool 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 gross pr oduction revenue apportionment during the 2002 -2003 school year or in any subseque nt school year that is greater than the gross production revenue apportionment of the preceding school year shall be exempt from the penalty assessed in this subsection, if t he penalty would occur solely as a result of the gross pr oduction revenue apportio nment, as determined by the State Board of Education. 7. Beginning July 1, 2003, school districts that participate in consolidation or annexation pursuant to the provisions of the Oklahoma School Voluntary Consolidation and Annexa tion Act shall be exempt from the penalty assessed in this subsection for the school year in which the consolidation or annexation occurs and for the next three (3) fiscal years. 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 Title 68 of the Oklahoma Statutes during the 2003-2004 school year or the 2004 -2005 school year shall be exempt from the penalti es assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the sales tax levy. ENGR. S. B. NO. 359 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Any school district which has an amount of carry over in the general fund of the district in excess of the limits established in paragraph 1 of this subsection during the fiscal years beginning July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall not be assessed a general fund balance penalt y as provided for in this subsection. 10. 9. For purposes of calculating the general fund balance penalty, the terms “carryover” and “general fund balance” shall not include federal revenue. H. F. In order to provide startup funds for the implementation of early childhood programs, State Aid may be advanced to schoo l districts that initiall y start early childhood instruction at a school site. School districts that desire such advanced funding shall make application to the State Department of Education no la ter than September 15 of each year and advanced funding shal l be awarded to the approved districts no later than October 30. The advanced funding shall not exceed the per pupil amount of State Aid as calculated in subsection D of this section per anticipa ted Head Start eligible student . The total amount of advanc ed 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. G. 1. Beginning July 1, 1996 , the Oklahoma Tax Commission, notwithstanding any provision of law to the contrary, sha ll report ENGR. S. B. NO. 359 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 monthly to the State Department of Education the monthly apportionment of the following information: a. the assessed valuation of property ad valorem tax collections, b. motor vehicle collect ions, c. R.E.A. tax collected, and 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 Education the monthly apportionment of the proceeds 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 contrary, shall report monthly to the State Department of Education the ad valorem tax protest amounts for each county. 5. 3. The information reported by the 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 developed by the State Department of Education. ENGR. S. B. NO. 359 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-201.1, is amended to read as follo ws: Section 18-201.1. A. Beginning with the 2020-21 school year, and each school year thereafter, the weighted membership of a school district for calculation of Foundation Ai d 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, the weighted pupil category calculation, the weighted district calculation, and the weighted teacher experie nce and degree calculation. The weighted membership of a school district for calculation of Salary Ince ntive 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 calculat ion, the weighted pupil category calculation, the weighted district calculatio n, 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 this sectio n shall be based on the higher weighted average daily membership of the first nine (9) weeks of the curr ent school year or the preceding school year of a school district, unless otherwise specified . The higher of the two (2) weighted average daily members hips shall be used consistently in all of the calculations; however, the weigh ted calculation for a stat ewide virtual charter school experiencing a significant decline in membership shall be based on the first nine ENGR. S. B. NO. 359 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 membership from the preceding school year to the average daily memb ership of the first nine (9) weeks of the current school year. The average daily membership data used f or 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 determined as follows: 1. The weighted pupil grade level calculation shall be determined by taking the highest average daily membership and assigning weights to the pupils according to gr ade attended as follows: GRADE LEVEL WEIGHT a. Half-day early childhood progra ms .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 ENGR. S. B. NO. 359 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 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 wh ich they are receiving education pursuant to the provisions of subsection D of Se ction 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 w eight 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 ENGR. S. B. NO. 359 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 a pproved in the school year with the highest average daily membership in eac h category by the weight a ssigned 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 a ssigned to the ENGR. S. B. NO. 359 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 gifted category in subparagraph g of this paragraph shall be the lesser of (1) the sum of the number of students who scored in the top three percent (3%) on any natio nal standardized test of intellectual ability plus the number of students i dentified as gifted pursuant to subparagraphs a through d of paragraph 1 of Section 1210.301 of this title, or (2) the sum of the number of students who scored in the top three perc ent (3%) on any national standardized test of intellectual ability plus eig ht 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 determin ed by determining the calculations for each school district for both the small school district formul a and the district sparsity - isolation formula, applying whichever is the greater of the calculations of the two formulas and then applying the restrictio ns pursuant to subparagraph c of this paragraph. a. Small school district f ormula: 529 minus the average daily membership divided by 529 times .2 times tot al average daily membership. The small school district formula c alculation 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, pursuant to the Oklahoma School Voluntary Consolidation and Annexation ENGR. S. B. NO. 359 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Act shall have the weighted district size calculation for the three (3) school years following the fiscal year i n which such consolidation occurred calculated to be the sum of the individual co nsolidated districts computed as if the consolidation had not ta ken place. Thereafter, any such district which is consolidated pursuant to the Oklahoma School Voluntary Consolidation and Annexation Ac t shall not qualify for the weighted district calculati on unless the district can satisfy the specifications herein . Subject to the provisions of subparag raph c of this paragraph, the resulting number shall be counted as addition al students for the purpose of calculating State Aid. b. District sparsity - isolation formula: The district sparsity - isolation formula calcu lation shall apply only to school dist ricts: (1) whose total area in square miles is greater than the average number of square miles for al l school districts in this state; and (2) whose areal density is less than one -fourth (1/4) of the state average ar eal density. Areal density shall be det ermined by dividing the school district’s average daily membership by the school district’s total area in square miles. ENGR. S. B. NO. 359 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 multip lied by the school distric t’s average daily membership. Subject to the provision s of subparagraph c of this paragraph, the resulting number shall be counted as additional students for the purpose of calculating State Aid. The school district student cost factor shall be calculated as follows: The school district’s average daily member ship shall be categorized into the following grade level groups and applied to the appropriate formu las 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 t he Grade Level ADM. Grades 6-8 Divide 122 by the sum of the Grade Level ADM plus 133, add .85 to the quotient, then ENGR. S. B. NO. 359 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 multiply the sum by the Grade Level ADM. Grades 9-12 Divide 292 by the sum of the Gra de 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 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 are a; however, the district a rea 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 inhib it the district from consolidation or annexation. The Board shall make ava ilable 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 th e weighted district sparsity ENGR. S. B. NO. 359 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - isolation formula. Provided, that the addit ional square miles allowed for geographical barriers shall not exceed thirty perc ent (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 f ollows: 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 pe r pupil revenue, then the district’s State Aid shall be reduced by an amount that will restrict the d istrict’s projected per pupil revenue to one hundred fi fty percent (150%) of the project ed state average per pupil revenue. Provided, in applying the restriction provided in this division, the district’s State Aid shall not be re duced 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 determined by dividing the district’s preceding year’s average daily membe rship (ADM) as weighted by the pupil grade level, the pupil category, ENGR. S. B. NO. 359 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the district and the teacher experience deg ree 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 the amount received by the school district from ad valorem tax collections for the preceding calendar year times 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 the current school year or the preceding school year ’s average daily membership (ADM) as weighte d 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 Ai d Formula, net assessed valuation the amount received by the school ENGR. S. B. NO. 359 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 district from ad valorem tax collections for the current calendar preceding fiscal year times thirty- nine (39) mills, county revenues excluding the county four-mills revenue for the preced ing year, other state appropriations for the preceding year, and the collections for the preceding ye ar of state apportionment, motor vehicle revenue, gross 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: federal revenue, insurance loss payments, reimbursements, recovery of overpayments and ref unds, unused reserves, prior expenditures recovered, prior year surpluses, and other local miscellan eous revenues. 4. The weighted teacher experience and degree calculation sh all be determined in acco rdance with the teacher experience and degree index. The State Department of Education shall determine an index for each state teacher by using data suppl ied in the school district’s teacher personnel reports of the preceding year and utilizing the index as follows: TEACHER EXPERIENCE - DEGREE INDEX EXPERIENCE BACHELOR’S MASTER’S DOCTOR’S DEGREE DEGREE DEGREE ENGR. S. B. NO. 359 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 t he weighted average st ate teacher from the weighted average district teacher . Multiply the school d istrict teacher index if greater than zero by .7 and then multiply that product by the sum of the district’s weighted pupil grade level calculation provided in paragraph 1 of thi s subsection and the weighted pupil category calculation provided in subparagr aph m of paragraph 2 of this subsection to determine the weighted teacher experience and degree calculation. SECTION 4. This act shall beco me effective November 1, 2023. ENGR. S. B. NO. 359 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the Senate the 14th day of March, 2023. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2023. Presiding Officer of the House of Representatives