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STATE OF OKLAHOMA
1st Session of the 59 th Legislature (2023)
HOUSE BILL 2080 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 18-124, which relates to State Aid; removing
certain limitation on administrative services
expenditures; modifying school attendance
requirements for certain limitation; updating
definition for administrative services; deleting
outdated reference; providing an effective date ; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 18 -124, is
amended to read as follows:
Section 18-124. A. Any school district with an average daily
attendance (ADA) of more th an one thousand five hundred (1,50 0)
students for the preceding year which expends for adminis trative
services in the 2005 -06 school year or any school year thereafter,
less expenditures for legal services, more than five percent (5%) of
the amount it expends for total expenditures, less e xpenditures for
legal services, shall have the amount which exceeds the five percent
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(5%) withheld the following year from the Foundation and Salary
Incentive Aid for the school district.
B. Any school district with an av erage daily attendance (ADA)
of more than five hundred (500) students but not more than one
thousand five hundred (1,500) students for the preceding year which
expends for administrative services in the 2005 -06 school year or
any school year thereafter, le ss expenditures for legal services ,
more than seven percent (7%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the seven percent (7%) withheld the following
year from the Foundati on and Salary Incentive Aid for th e school
district.
C. B. Any school district with an average d aily attendance
(ADA) of five hundred (500) or fewer students for the preceding year
which expends for administrative services in the 2005 -06 school year
or any school year thereafter, less exp enditures for legal services,
more than eight percent (8%) of the amount it expends for total
expenditures, less expenditures for legal services, shall have the
amount which exceeds the eight percent (8%) withheld the following
year from the Foundation and Salary Incentive Aid for the school
district.
D. C. For purposes of this section, "administrative services "
means costs associated with:
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1. Staff expenditures for the administration of schools and
school districts including, but not limited to, expenditures for the
board of education;
2. The secretary/clerk for the board of education;
3. Staff relations;
4. Negotiations staff;
5. Immediate staff of the superintendent, any elementary
superintendent or any assistant su perintendent;
6. Any superintende nt, elementary superintendent, or assistant
superintendent;
7. Any employee of a school district employed as a director,
coordinator, supervisor, or who has responsibility for
administrative functions of a school district ; and
8. Any consultant hired by the school district administration
of school districts, superintendent and other school district
administrative employees and support staff , principals and other
school administrative emplo yees and administrative support staff,
full-time department chair persons, graduation expenses, and business
and central offices expenditures including, but not limited to,
fiscal services, budgeting, payroll, purchasing, storage, mate rial
distribution, planning, research, evaluation, staf f recruitment, and
data processing.
E. D. If an employee of a school district is employed in a
position where part of the employee 's time is spent as an
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administrator and part of the time is spen t in nonadministrative
functions, the percentage of time spe nt as an administrator shall be
included as administrative services. A superintendent who spends
part of the time performing exempted nonadministrative services such
as teaching in the classroom, serving as a principal, counselor, or
library media special ist, can code up to forty percent (40%) of
their salary to other nonadministrative functions. The total amount
of time a superintendent of a school district spends performing
services for a schoo l district shall be included as administrative
services even if part of the time the superinte ndent is performing
nonexempted nonadministrative service functions . The total amount
received by a superintendent from the school district as salary, for
the performance of administrative and nonexempted nonadministrativ e
services, shall be recorded unde r the code for superintendent salary
as provided for in the Oklahoma Cost Accounting System.
F. E. Each school site within a school district shall take
steps to ensure that the administrative costs for the school comply
with the expenditure limits establi shed for school districts in this
section.
G. F. Funds withheld pursuant to the provisions of this section
shall be distributed through the State Aid formula to the di stricts
not so penalized.
H. For the 2003-04 and 2004-05 school year, school districts
shall report to the State Department of Education the costs
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associated with administrative services for the school district as
defined in subsection D of this section.
SECTION 2. This act shall become effe ctive July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-7061 EK 01/16/23