OK
Oklahoma House Bill HB2009

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2009 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-2nd Session of the 59th Legislature (2024)
31-
32-COMMITTEE SUBSTITUTE
33-FOR ENGROSSED
34-HOUSE BILL 2009
35-By: Davis and Lowe (Dick) of the
36-House
28+ENGROSSED HOUSE
29+BILL NO. 2009 By: Davis and Lowe (Dick) of
30+the House
3731
3832 and
3933
4034 Stephens of the Senate
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4539
46-COMMITTEE SUBSTITUTE
40+
4741
4842 An Act relating to schools; amending 70 O.S. 2021,
4943 Section 3-104.4, which relates to standards f or
50-accreditation; updating statutory language; updating
51-statutory reference; modifying submission date for
52-certain report on statewide class sizes ; requiring
53-annual submission of report ; requiring school
54-districts to provide certain stipend to teachers with
55-classes that fail to comply with class size
56-limitations; providing for maximum stipend amount;
57-exempting school districts that provide certain
58-stipends from certain penalties; providing for
44+accreditation; modifyi ng date to provide report on
45+statewide class sizes; amending 70 O.S. 2021,
46+Sections 18-113.1 and 18-113.2, which relate to class
47+size limitations; decreasing certain class size
48+limits; raising certain class size limits; providing
49+stipend for teachers with classes that fail to comply
50+with class size limitations; providing for
5951 codification; providing an effective date; and
6052 declaring an emergency .
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6458 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6559 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104.4, is
6660 amended to read as follows:
67-Section 3-104.4. A. The State Board of Education shall adopt
61+Section 3-104.4 A. The State Board of Education shall adopt
6862 standards for the accredita tion of the public schools in this state
6963 according to the requirements of Sectio n 3-104.3 et seq. of this
64+title, to be effective as set forth in Section 3-104.3 et seq. of
65+this title. The accreditation standards shall incorporate the
66+curricular standards established pursuant to Section 11 -103.6 of
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96-title, to be effective as set forth in Section 3 -104.3 et seq. of
97-this title. The accreditation standards shall incorporate the
98-curricular standards e stablished pursuant to Section 11 -103.6 of
9993 this title. The accreditation stand ards shall equal or exceed
10094 nationally recognized accreditation standards to the extent that the
101-standards are consistent with an academic results oriented results-
102-oriented approach to accreditation. The accredit ation adopted by
103-the State Board shall encompass accreditation for elementary
104-schools, middle schools, junior high schools, and high schools . The
105-accreditation standards shall be made available for public
106-inspection at the offices of the State Department of Education.
95+standards are consistent with an academic results oriented approach
96+to accreditation. The accreditation adopted by the State Board
97+shall encompass accreditatio n for elementary schools, middle
98+schools, junior high schools, and high schools. The accreditation
99+standards shall be made available for public inspection at the
100+offices of the State Department of Education.
107101 B. Standards for accreditation adopted by the State Board of
108102 Education shall include standards relating to the provision of
109103 school counselors to the public school children of this state. The
110104 State Board of Education shall require each local school district to
111105 provide information regarding the number of counselors serving each
112106 school site, the duties of all such counselors including all
113107 administrative duties, the number of students served by each
114108 counselor, and information regarding the number of counselors
115-employed per elementary school, middle school, junior high school ,
109+employed per elementary school, middle school , junior high school
116110 and high school.
117111 C. Except as otherwise provided, schools shall meet the
118112 accreditation standards as a condition of continued accreditation.
119113 Nothing herein shall be construed as preventing changes to the
114+adopted standards by the State Board of Education pursuant to the
115+Administrative Procedures Act. The accreditation standards shall
116+provide for warnings, probation or nonaccredited status for schools
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146-adopted standards by the State Board of Education pursuant to the
147-Administrative Procedures Act. The accred itation standards shall
148-provide for warnings, probation , or nonaccredited status for schools
149143 that fail to meet the standards. The Department shall investigate a
150144 complaint of failure to provide educational servi ces or failure to
151145 comply with accreditation standards within thirty (30) days of
152146 receiving the complaint. If the Department determines that a s chool
153147 has failed to comply with the accreditation standards, the
154-Department shall report the recommended warning, probation , or
148+Department shall report the recommended warning , probation or
155149 nonaccredited accreditation status to the State Board of Education
156150 within ninety (90) days. If a school does not take action to comply
157151 with the accreditation standards within ninety (90) days after a
158152 report is filed by the Department, the B oard shall withdraw
159153 accreditation for the school. The State Board accreditation
160154 regulations shall provide for warnings and for assistance to sc hools
161155 and school districts whenever there is reason to believe a school is
162156 in danger of losing its state accredi tation.
163157 D. If one or more school sites fail to receive accreditation as
164158 required pursuant to this section or subsequently lose
165159 accreditation, the State Board of Education shall close the school
166160 and reassign the students to accredited schools within the di strict
167161 or shall annex the district to one or more other districts in which
168162 the students can be educated in accredited schools.
163+E. Standards for accreditation adopted by the State Board of
164+Education shall include standards r elating to the provision of
165+educational services provided in partial hospitalization programs,
166+day treatment programs, day hospital programs, residential treatment
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195-E. Standards for accreditation a dopted by the State Board of
196-Education shall include standards relating to the provision of
197-educational services provided in partial hospita lization programs,
198-day treatment programs, day hospital programs, residential tre atment
199-programs, and emergency shelter programs for persons between the
200-ages of three (3) and twenty -one (21) years of age. The
201-accreditation standards shall apply to on -site and off-site
202-educational services provided by public school districts or state -
203-accredited private schools. Each sc hool which is providing or is
204-required to provide educational services for students placed in a
205-program as described in this subsection shal l be actively monitored
206-by the State Department of Education. The Department sha ll
207-determine on an ongoing basis if the educational program and
208-services are in compliance with the accreditation standards.
193+programs and emergency shelter programs for persons between the ages
194+of three (3) and twenty -one (21) years of age. The acc reditation
195+standards shall apply to on-site and off-site educational services
196+provided by public school districts or state-accredited private
197+schools. Each school which is providing or is required to provide
198+educational services for students placed in a p rogram as described
199+in this subsection shall be actively monitored by the State
200+Department of Education. The Department shall determine on an
201+ongoing basis if the educational program and services are in
202+compliance with the accreditation standards.
209203 F. The State Board shall provide assistance to districts in
210204 considering the possibility of meeting accreditation requirements
211205 through the use of nontr aditional means of instruction. The State
212206 Board shall also assist districts in forming cooperatives and making
213207 arrangements for the use of satellite instruction or other
214208 instructional technologies to the extent that use of such
215209 instructional means meets a ccreditation standards.
216210 G. 1. Accreditation shall not be withdrawn from or den ied nor
217211 shall a penalty be asses sed against a school or school district for
218212 failing to meet the media materials and equipment standards, media
213+program expenditure standards and media personnel standards as set
214+forth in the accreditation standards adopted b y the Board.
215+2. The provisions of paragraph 1 of this subsection shall cease
216+to be effective during the fiscal year which begins on the July 1
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245-program expenditure standards , and media personnel standards as set
246-forth in the accreditation standards adopted by the Board.
247-2. The provisions of paragraph 1 of this subsection shall ce ase
248-to be effective during the fiscal year which begins on the July 1
249243 immediately succeeding the legis lative session during which the
250244 measure appropriating monies to the State Board of Education for the
251245 financial support of public schools is enacted as law and such
252246 appropriation amount is at least Fifty Million Dollars
253247 ($50,000,000.00) greater than the amo unt of money appropriated to
254248 the State Board of Education for the financial supp ort of public
255249 schools for the fiscal year ending June 30, 2019, pursuant to
256250 Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars
257251 ($50,000,000.00) shall not include an y amount of appropriations
258252 dedicated for support or certified employee salary in creases.
259253 Accreditation shall no t be withdrawn from or denied nor shall a
260254 penalty be assessed against a school or school district for failing
261255 to meet the media personnel standa rds as set forth in accreditation
262256 standards adopted by the Board.
263257 H. 1. The State Board shall not assess a fin ancial penalty
264258 against any school district which is given a deficiency in
265259 accreditation status during any fiscal year as provided for in this
266260 subsection.
267261 2. Beginning with the fiscal year which begins July 1, 2021, if
268262 the amount of money appropriated to t he State Board of Education for
263+the financial support of public schools including funds apportioned
264+pursuant to Section 2 of this act, is at least One Hundred Million
265+Dollars ($100,000,000.00) greater than the amount of mone y
266+appropriated to the Stat e Board of Education for the financial
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295-the financial support of public schools , including funds apportioned
296-pursuant to Section 2 of this act 426 of Title 63 of the Oklahoma
297-Statutes, is at least One Hundred Million Dollars ($100,000,000.00)
298-greater than the amount of money appropriated to the State Boar d of
299-Education for the financial support of public schools for the fiscal
300-year ending June 30, 2019, pursuant to Chapter 146, O.S.L. 2018, a
301-financial penalty shall be assessed against any school districts
302-that do not comply with the class size limitations for kindergarten
303-as provided for in Section 18-113.2 of this title and class size
304-limitations for grade one as prov ided for in subsection A of Section
305-18-113.1 of this title. Provided, the One Hundred Million Dollars
306-($100,000,000.00) shall not include a ny amount of appropriations
307-dedicated for support or certified employee salary increases.
293+support of public schools for the fiscal year e nding June 30, 2019,
294+pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be
295+assessed against any school districts that do not comply with the
296+class size limitations for kindergarten as provided for in Section
297+18-113.2 of this title and class si ze limitations for grade one as
298+provided for in subse ction A of Section 18-113.1 of this title.
299+Provided, the One Hundred Million Dollars ($100 ,000,000.00) shall
300+not include any amount of appropriations dedicated for support or
301+certified employee salary i ncreases.
308302 3. The State Department of Education shall submit a report on
309303 statewide classroom class sizes to the President Pro Tempore of the
310304 Oklahoma State Senate and the Speak er of the Oklahoma House of
311-Representatives no later than January 1, 2022 July 1, 2025, and each
312-July 1 thereafter.
305+Representatives no later than January 1, 2022 2024, and for each
306+year thereafter.
313307 I. Except as provided for in subsection J of this section,
314308 beginning with the 2019-2020 school year, evaluations of schools to
315309 determine whether they meet the accreditation standards set forth in
316310 accordance with this section shall occur once every four (4) years
317311 on a schedule adopted by the State Board of Education. The Board
318312 may interrupt the evaluation schedule pr ovided in this subsection
313+for reasons including a change in the superintendent of the school
314+district; determination that one or more school district b oard
315+members have not met the continuing education requ irements as
316+defined by this title; determination t hat the school district
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345-for reasons including a change in the superintendent of the school
346-district; determination that one or more school d istrict board
347-members have not met the continuing education requirements as
348-defined by this title; determination that the school district
349-falsified information submitted to any public city, county, state ,
350-or federal official or agency; initiation of an investigation by the
343+falsified information submitted to any public city, county, state or
344+federal official or agency; initiation of an investigation by the
351345 Board or a law enforcement agency; or other det ermination by the
352346 Board that standards for accredi tation are not being met by the
353347 school district. The schedule adopted by the Board shall allow for
354348 school districts receiving no deficiencies for two (2) consecutive
355349 years to be reviewed for accreditation less than annually.
356350 Provided, however, that schoo ls shall be evaluated annually f or the
357351 purposes of:
358-1. Local, state, and federal funding;
352+1. Local, state and federal funding;
359353 2. Health and safety;
360-3. Certification requirements for teachers, principals , and
354+3. Certification requirements for teachers, principals and
361355 superintendents;
362356 4. School board governance, including instructional and
363357 continuing education requirements for sch ool board members; and
364358 5. Any other requirements under state or fede ral law.
365359 J. Beginning with the 2019-2020 school year, if a public school
366360 receives a deficiency on its ac creditation report, the public school
367361 shall be evaluated annually to determine if it meets the
368362 accreditation standards set forth in accordance with thi s section.
363+If the public school receives no deficiencies for two (2)
364+consecutive years, the public schoo l shall be subject to the
365+evaluation timeline esta blished in subsection I of this section.
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395-If the public school receives no deficiencies for two (2)
396-consecutive years, the public school shall be subject to the
397-evaluation timeline established in subsection I of this section.
398-SECTION 2. NEW LAW A new section of law to be codified
399-in the Oklahoma Statutes as Section 18-113.6 of Title 70, unless
400-there is created a duplication in numbering, reads as follows:
401-A. Beginning with the 2025-2026 school year and each school
402-year thereafter, a school district shall pay a teacher a stipend of
403-One Thousand Two Hundred Fifty Dollars ($1,250.00) per extra
404-student, with a maximum stipend of Three Thousand Seven Hundred
405-Fifty Dollars ($3,750.00) if the teacher is responsible for the
406-instruction of a class that fails to comply with the class size
407-limitations as provid ed for in subsections A of Section 18 -113.2, A
408-and B of Section 18-113.1, and C of Section 18-113.3 of Title 70 of
409-the Oklahoma Statutes.
410-B. School districts that pay a teacher stipend as required by
411-subsection A of this section shall not be assessed a financial
412-penalty in the State Aid formula or given a deficiency or denial of
413-accreditation status for exceeding the class size limitations as
414-provided in Sections 3 -104.4, 18-113.1, 18-113.2, and 18-113.3 of
415-Title 70 of the Oklahoma Statutes.
416-SECTION 3. This act shall become effective July 1, 202 4.
417-SECTION 4. It being immediately necessary for the preservation
418-of the public peace, health , or safety, an emergency is hereby
392+SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.1, is
393+amended to read as follows:
394+Section 18-113.1 A. The provisions of t his subsection shall
395+apply only to grades one through three.
396+1. Except as otherwise provided f or in this section, no child
397+shall be included in the average daily member ship of a school
398+district for the purpose of computing and paying state -appropriated
399+funds if that child is regularly assigned to a teacher or to a cl ass
400+that includes more than twenty (20) students.
401+2. If a class or classes in a grade exceed the class si ze
402+limitation provided for in this subsection, the class size
403+limitation and penalty shall not apply if:
404+a. the creation of an additiona l class would cause a
405+class to have fewer than ten (10) students;, and
406+b. a teacher's assistant, as defined in Section 6 -127 of
407+this title, is employed to serve with each teacher in
408+a class that exceeds the class size limitation
409+provided for in this subsec tion.
410+3. No school district sha ll be penalized for exceeding class
411+size limitations set forth in this subsection if the limitations are
412+exceeded beginning after the first nine (9) weeks of the school
413+year.
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440+4. Any school district found to be in violation of the
441+provisions of this subsec tion shall receive a penalty in the State
442+Aid formula as a reduction to State Aid to be deter mined as follows:
443+a. Multiply multiply each pupil in excess of the class
444+size membership limit as provided in this subsection
445+by the grade level weight and by the Base Foundation
446+Support Level for the current school year, and
447+b. Multiply multiply each pupil in excess of the class
448+size membership limit as provided in this subse ction
449+by the grade level weight and by the Incentive Aid
450+guarantee for the current school y ear times twenty
451+(20), and
452+c. Sum sum the products of subparagraphs a and b of this
453+paragraph.
454+B. The provisions o f this subsection shall apply only to grades
455+four through six.
456+1. Except as otherwise provided for in this s ection, no child
457+shall be included in the average daily membership of a school
458+district for the purpose of computing and paying state -appropriated
459+funds if that child is regularly assigned to a tea cher or to a class
460+that includes more than twenty (20) twenty-four (24) students.
461+2. If a class or classes in a grade exceed the class size
462+limitation provided for in this subsection, the class size
463+limitation and penalty shall not apply if the creation of an
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490+additional class would cause a class to have fewer than sixteen (16)
491+students.
492+3. No school district shall be penalized for exceeding class
493+size limitations set forth in this subsection if the limitations are
494+exceeded beginning after the first nine (9 ) weeks of the school
495+year.
496+4. Any school district found to be in violation of the
497+provisions of this subsection shall receive a penalty in the State
498+Aid formula as a reduction to State Aid to be determined as follows:
499+a. Multiply multiply each pupil in excess of the class
500+size membership limit as provided in th is subsection
501+by the grade level weight and by the Base Foundation
502+Support Level for the current school year, and
503+b. Multiply multiply each pupil in excess of the class
504+size membership limit as provided in this subsection
505+by the grade level weight and by t he Incentive Aid
506+guarantee for the current school year times twenty
507+(20), and
508+c. Sum sum the products of subparagraphs a and b of this
509+paragraph.
510+C. Classes in the following subjects s hall not be subject to
511+the class size limitations provided for in subse ctions A and B of
512+this section:
513+1. Physical education; and
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540+2. Chorus, band, orchestra and similar music classes.
541+D. If a school district groups its grades as grades one through
542+five, grades six through eight, and grades nine through twelve, then
543+as to such district the provisions of s ubsection B of this section
544+shall apply to grades four and five rather than grades four through
545+six, and the provisions of Section 18 -113.3 of this title shall
546+apply to grades six through twelve.
547+E. Any violations of the pr ovisions of this section shall
548+result in denial of accreditation in accordance with the
549+requirements of Section 3 -104.4 of this title.
550+F. Any school district which at the beginning of the school
551+year does not have sufficient classrooms to meet the class s ize
552+limitation provided for in t his section as determined by guidelines
553+established by the State Board of Education shall not be penalized
554+for failure to meet the class size limitations provided for in this
555+section if:
556+a. the school district has voted inde btedness, at any
557+time within the five (5) years preceding the year the
558+district exceeds the class size limitations or during
559+the year the district exceeds the class size
560+limitations, through the issuance of bonds or approval
561+by voters of issuance of new bo nds for more than
562+eighty-five percent (85%) of the maximum allowable
563+pursuant to the provisions of Section 26 of Article X
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590+of the Oklahoma Constitution as shown on the school
591+district budget filed with the State Equalization
592+Board for the current school ye ar and certifications
593+by the Attorney General prior to February 1 of the
594+current school year;, and
595+b. on the date of filing of the school district budget
596+with the State Equalization Boar d, the school district
597+is voting the maximum millage allowable for the
598+support, maintenance and constr uction of schools as
599+provided for in subsections (a), (c), (d) and (d -1) of
600+Section 9 of Article X of the Oklahoma Constitution
601+and Section 10 of Article X of the Oklahoma
602+Constitution.
603+G. Any school district which exceeds the class size limitations
604+as set forth in this section shall submit a written report to the
605+State Board of Education, on or before July 1 of each year, setting
606+forth the procedures that the district will follow in order to
607+comply with this section.
608+H. School districts which receive sta te-appropriated funds
609+pursuant to the provisions of Section 18 -112.2 of this title and do
610+not comply with the provisions of this section shall be subject to
611+loss of State Aid for each child in excess of the class size
612+limitations specified in this section.
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639+SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
640+amended to read as follows:
641+Section 18-113.2 A. The provisions of this section s hall apply
642+only to kindergarten.
643+1. No child shall be inc luded in the average daily membe rship
644+of a school district for the purpose of computing and paying state -
645+appropriated funds if that child is regularly assigned to a teacher
646+or to a class that includ es more than twenty (20) eighteen (18)
647+students.
648+2. If a class or classes in a grade exce ed the class size
649+limitation provided for in this subsection, t he class size
650+limitation and penalty shall not apply if:
651+a. the creation of an additional class would c ause a
652+class to have fewer than ten (10) students ;, and
653+b. a teacher's assistant, as defin ed in Section 6-127 of
654+this title, is employed to serve with eac h teacher in
655+a class that exceeds the class size limitation
656+provided for in this subsection.
657+3. No school district shall be penalized for exceeding class
658+size limitations set forth in this se ction if the limitations are
659+exceeded beginning after the first nine (9) weeks of the school
660+year.
661+4. Any school district which at the beginning of the school
662+year does not have sufficient classrooms to meet the class size
663+
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689+limitation provided for in this section as determined by guidelines
690+established by the State Boa rd of Education shall not be penalized
691+for failure to meet the class size limitations provided for in this
692+section if:
693+a. the school district has voted indebted ness, at any
694+time within the five (5) years preceding the year the
695+district exceeds the class si ze limitations or during
696+the year the district exceeds the class size
697+limitations, through the issuanc e of bonds or approval
698+by voters of issuance of new bonds for more than
699+eighty-five percent (85%) of the maximum allowable
700+pursuant to the provisions of S ection 26 of Article X
701+of the Oklahoma Constitution as shown on the school
702+district budget filed with the State Equalization
703+Board for the current school year a nd certifications
704+by the Attorney General prior to February 1 of the
705+current school year;, and
706+b. on the date of filing of the school district budget
707+with the State Equalization Board, the school dis trict
708+is voting the maximum millage allowable for the
709+support, maintenance and construct ion of schools as
710+provided for in subsections (a), (c), (d) and (d -1) of
711+Section 9 of Article X of the Oklahoma Constitution
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738+and Section 10 of Article X of the Oklahoma
739+Constitution.
740+5. Any school district found to be in vi olation of the
741+provisions of this subsection shall receive a penalty in the State
742+Aid formula as a reduction to State Aid to be determined as follows:
743+a. Multiply multiply each pupil in excess of the class
744+size membership limit as provided in this subsecti on
745+by the grade level weight and by the Base Foundation
746+Support Level for the current school year, and
747+b. Multiply multiply each pupil in excess of the class
748+size membership limit as provided in this subsection
749+by the grade level weight and by the Incentiv e Aid
750+guarantee for the current school year times twenty
751+(20), and
752+c. Sum sum the products of subparagraphs a and b of t his
753+paragraph.
754+B. Any violations of the provisions of this section shall
755+result in denial of accredit ation in accordance with the
756+requirements of Section 3 -104.4 of this title.
757+C. School districts which receive state-appropriated funds
758+pursuant to the provisions of Section 18 -112.2 of this title and do
759+not comply with the provisions of this section shall be subject to
760+loss of State Aid for each child in excess of the c lass size
761+limitations specified in this section.
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788+SECTION 4. NEW LAW A new section of law to be codified
789+in the Oklahoma Statutes as Section 18-113.6 of Title 70, unless
790+there is created a duplication in numbering, reads as follows:
791+A. Beginning with the 2023-2024 school year and each school
792+year thereafter, a school district shall pay a teacher a stipend of
793+One Thousand Two Hundred Fifty Dollars ($1,250.00) per extra
794+student, with a maximum stipend of Five Thousand Dollars ($5,000.00)
795+if the teacher is responsible for the instruction of class that
796+fails to comply with the class size limitations as provided for in
797+subsections A of Section 18-113.2, A and B of Section 18-113.1 and C
798+of Section 113.3 of Title 70 of the Oklahoma Statutes.
799+B. School districts which pay a teacher stipend as required by
800+subsection A of this section, shall not be assess ed a financial
801+penalty in the State Aid formula or given a deficiency or denial of
802+accreditation status for exceeding the class size limitation s as
803+provided in Sections 3-104.4, 18-113.1, and 18-113.2 of Title 70 of
804+the Oklahoma Statutes .
805+SECTION 5. This act shall become effective July 1, 2023.
806+SECTION 6. It being immediately necessary for the preservation
807+of the public peace, heal th or safety, an emergency is hereby
445808 declared to exist, by reason whereof thi s act shall take effect and
446809 be in full force from and after its passage and approval.
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837+Passed the House of Representatives the 21st day of March, 2023.
838+
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842+ Presiding Officer of th e House
843+ of Representatives
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847+Passed the Senate the ___ day of __________, 2023.
848+
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852+ Presiding Officer of the Senate
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