Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB359 Engrossed / Bill

Filed 04/27/2023

                     
 
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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 
   
 
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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   
 
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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.   
 
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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:   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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.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.   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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.   
 
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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   
 
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(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   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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   
 
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- 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,   
 
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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   
 
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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   
 
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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.   
 
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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