ENGR. S. A. TO ENGR. H. B. NO. 2775 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 AMENDMENTS TO ENGROSSED HOUSE BILL NO. 2775 By: McCall, McBride, Baker, Bashore, Moore, Humphrey, Luttrell, Caldwell (Chad), Maynard, Echols, and Hilbert of the House and Daniels and Jett of the Senate An Act relating to education; making appropriations *** directing certain appropriation to be distributed based on average daily membership *** act provisions; providing for conditional enactment ; providing for noncodification; providing an effective date; and declaring an emergency. AUTHOR: Add the following House Coauthor: Culver AUTHOR: Remove as principal Senate author Daniels and subs titute as principal Senate author Treat AUTHOR: Add the following Senate Coauthors: Pugh, Daniels, Bullard, Rogers, Rosino, Thompson (Kristen), McCortney, Thompson (Roger), Paxton, Hall, Coleman, Rader, Stephens, Burns, Jech, Newhouse, Stewart, Prieto, Montgomery, Murdock, Pederson, Dugger, Pemberton, Wea ver, Stanley, Garvin, Green, Kidd, Seifried, Alvord, Haste, Gollihare, Bergstrom, and Woods AMENDMENT NO. 1. Page 1, strike the title, enacting clause and entire bill and insert “An Act relating to schools; making an appropriation to the State Board of Education; providing purpose; prohibiting use of funds for certain purpose; ENGR. S. A. TO ENGR. H. B. NO. 2775 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 establishing minimum salary schedule for teachers; defining fringe benefits; specifying certain recognition of college degrees; requiring the State Board of Education to accept certain teaching experience; requiring certain notification; limiting teaching credit for c ertain service and experience; allowing school district to offer more credit; directing the Board to recognize certain experiences; prohibiting application of minimum salary schedule to certain retired teachers; requiring certain certified personnel to receive certain salary increase above certain level paid d uring certain school year; directing persons employed in certain capacities at technology center school districts, Department of Corrections facilities, and Office of Juvenile Affairs facilities to rec eive certain salary increase; making an appropriation; specifying use of funds; creating the Rewarding Excellent Educators Revolving Fund; specifying source of funds; providing for expenditures; providing purpose o f fund; defining terms; directing the State Department of Education to create the Rewarding Excellent Educators Grant Program; providing purpose; providing eligibility for grant funds; providing for award of funds on certain basis; directing use of grants; limiting the number of certain teachers and support employees that may receive certain bonuses; providing maximum bonus amount; amending 70 O.S. 2021, Section 18 -200.1, as last amended by Section 2, Chapter 488, O.S. L. 2021, which relates to alloc ation of State Aid; updating statutory language; increasing transportation factor; amending 70 O.S. 2021, Section 18 -201.1, which relates to calculation of weighted membership ; modifying certain category weights; updating statutory language; providing for codifica tion; providing conditional effective date; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PE OPLE OF THE STATE OF O KLAHOMA: SECTION 1. There is hereby appropriated to the State Board of Education from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fis cal year ENGR. S. A. TO ENGR. H. B. NO. 2775 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 beginning July 1, 2023, the sum of Five Hundred Million Dollars ($500,000,000.00) for the financial support of public schools . These monies shall be used to implement the provisions of Section 2 of this act and to provide student supports. Monies appropriated pursuant to this section shall not be used to provide a bonus or salary increase to an administrator, as defined by Section 6 -101.3 of Title 70 of the Oklahoma Statutes. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 18-114.15 of Title 70, unless there is created a duplication in numbering, reads as follows: A. Beginning with the 2023-2024 school year, certified personnel, as defined in Sect ion 26-103 of Title 70 of the Oklahoma Statutes, in the public schools of Oklahoma shall receive in salary and/or fringe benefits not less than the amounts specified in the following schedule: MINIMUM SALARY SCHEDULE National Years of Bachelor’s Board Master’s Doctor’s Experience Degree Certification Degree Degree 0 $39,601 $40,759 $40,991 $42,381 1 $40,035 $41,193 $41,425 $42,815 2 $40,469 $41,628 $41,859 $43,249 3 $40,904 $42,062 $42,294 $43,684 4 $41,338 $42,496 $42,728 $44,118 ENGR. S. A. TO ENGR. H. B. NO. 2775 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 5 $42,810 $43,968 $44,200 $45,590 6 $43,273 $44,432 $44,663 $46,054 7 $43,737 $44,895 $45,127 $46,517 8 $44,200 $45,358 $45,590 $46,980 9 $44,663 $45,822 $46,054 $47,444 10 $46,684 $47,844 $48,568 $50,945 11 $47,177 $48,336 $49,061 $51,438 12 $47,670 $48,829 $49,554 $51,931 13 $48,162 $49,322 $50,047 $52,424 14 $48,655 $49,815 $50,539 $52,916 15 $50,167 $51,327 $52,052 $54,430 16 $50,660 $51,820 $52,545 $54,923 17 $51,153 $52,313 $53,038 $55,416 18 $51,646 $52,806 $53,531 $55,909 19 $52,139 $53,299 $54,024 $56,402 20 $52,652 $53,813 $54,538 $56,917 21 $53,145 $54,306 $55,031 $57,410 22 $53,639 $54,799 $55,524 $57,903 23 $54,132 $55,292 $56,018 $58,397 24 $54,625 $55,785 $56,511 $58,890 25 $56,049 $57,232 $57,971 $60,395 Master’s Degree + Years of National B oard Experience Certif ication ENGR. S. A. TO ENGR. H. B. NO. 2775 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 0 $42,149 1 $42,583 2 $43,018 3 $43,452 4 $43,886 5 $45,358 6 $45,822 7 $46,285 8 $46,749 9 $47,212 10 $49,728 11 $50,221 12 $50,713 13 $51,206 14 $51,699 15 $53,212 16 $53,705 17 $54,198 18 $54,691 19 $55,184 20 $55,698 21 $56,192 22 $56,685 23 $57,178 ENGR. S. A. TO ENGR. H. B. NO. 2775 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 24 $57,671 25 $59,153 B. 1. When determining the Minimum Salary Schedule, “fringe benefits” shall mean all or part of retirement b enefits, excluding the contributions made pursuant to subsection A of Section 17 -108.1 of Title 70 of the Oklahoma Sta tutes and the flexible benefit allowance pursuant to Section 26 -105 of Title 70 of the Oklahoma Statutes from the flexible benefit allowan ce funds disbursed by the State Board of Education and the State Board of Career and Technology Education pursuant to Section 26-104 of Title 70 of the Oklahoma Statutes. 2. If a school district intends to provide retirement benefits to a teacher such tha t the teacher’s salary would be less than the amounts set forth in the minimum salary sc hedule specified in subsection A of this section, the district shall be required to provide written notification to the teacher prior to his or her employment or, if al ready employed by the district, no later than thirty (30) days prior to the date the dis trict elects to provide retirement benefits such that the teacher’s salary would be less than the minimum salary schedule. C. Any of the degrees referred to in this se ction shall be from a college recognized by the State Board of Education. The Board shall accept teaching experience from out-of-state school districts that are accredited by the State Board of Education or appropriate ENGR. S. A. TO ENGR. H. B. NO. 2775 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 state accrediting agency for the dis tricts. The Board shall accept teaching experience from out-of-country schools that are accredited or otherwise endorsed by the appropriate national or regional accrediting or endorsement authority. Out -of-country certification documentation in a languag e other than English shall be analyzed by an educational credential evaluation service i n accordance with industry standards and guidelines and approved by the State Department of Education. The person seeking to have credit granted for out-of-country teaching experience shall be responsible for all costs of the analysis by a credential eval uation service. The Board shall accept teaching experience from primary and secondary schools that are operated by the United States Department of Defense or are affiliated with the United States Department of State. D. For the purpose of state salary in crements and retirement, no teacher shall be granted credit for more than five (5) years of active duty in the military service or out -of-state or out-of- country teaching experience as a certified teacher or its equivalent. Nothing in this section shall p rohibit boards of education from crediting more years of experience on district salary schedules than those allowed for state purposes. E. The State Board of Education shall recognize, for purposes of certification and salary increments, all the years of experience of a: ENGR. S. A. TO ENGR. H. B. NO. 2775 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 1. Certified teacher who teaches in the educational program of the Department of Corrections, beginning with fiscal year 1981; 2. Vocational rehabili tation counselor under the Department of Human Services if the counselor was employed as a certified teacher by the State Department of Education when the Division of Vocational Rehabilitation was transferred from the State Board of Career and Technology Education or the State Board of Education to the Oklahoma Public Welfare Commission on Ju ly 1, 1968; 3. Vocational rehabilitation counselor which were completed while employed by the Department of Human Services if such counselor was certified as a teacher or was eligible for certification as a teacher in Oklahoma; 4. Certified teacher which were completed while employed by the Child Study Center located at University Hospital, if the teacher was certified as a teacher in Oklahoma; and 5. Certified school psychologist or psychometrist which were completed while employed as a doctoral intern, psychological assistant, or psychologist with any agency of the State of Oklahoma if the experience primarily involved work with persons of school - or preschool-age and if the person was, at the time the experience was acquired, certified as, or eligible for certification as, a school psychologist or psychometrist. ENGR. S. A. TO ENGR. H. B. NO. 2775 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 F. The provisions of this section shall not apply to teachers who have entered into postretirement employ ment with a public school in Oklahoma and are still receiving a monthly retirement benef it. G. If a person employed a s certified personnel, as defined in Section 26-103 of Title 70 of the Oklahoma Statutes, by a school district during the 2022 -2023 school year was receiving a salary above the step level indicated by the State Minimum Salary Schedule for the 2022-2023 school year, the person shall receive a salary increase amount equal to the amount indicated in subsection A for the step level indicated for the person, provided they remain employed by the same district, unless the hours or the duties of the certified personnel are reduced proportionately. H. Persons employed as classroom instructional employees of technology center school districts supervised by the State Board of Career and Technology Education shall receive a salary increase amount equal to the amount indicated in subsection A of this section for the step level indicated for the person, provided they remain employed by the same technology center school district, unless the hours or the duties of the classroom instructional employees are reduced proportionately. I. Persons employed as correctional teachers or vocational instructors by the Department of Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma Statutes or persons employed as teachers by the Office of Juvenile Affairs shall receive a salary ENGR. S. A. TO ENGR. H. B. NO. 2775 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 increase amount equal to the amount indicated in subsection A of this section for the step level indicated for the person, provided they remain employed by the same Department of Corrections or Office of Juvenile Affairs facility, unless the hours or the duties of the correctional teachers, vocational instructors, or teachers are reduced proportionately. SECTION 3. There is hereby appropriated to the Rewarding Excellent Educators Revolving Fund created in Section 4 of this act from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2024, the sum of Thirty Million Dollars ( $30,000,000.00). SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 18 -126 of Title 70, unless there is created a duplication in numbering, reads as follows: There is hereby created in the State Treasury a revolv ing fund for the State Board of Education to be designated the “Rewarding Excellent Educators Revolving Fund ”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Board of Educ ation from state appropriations. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purpose of implementing the provisions of Section 5 of this act. Expenditures from the fund shall be ma de upon warrants issued by the State Treasurer against claims filed as ENGR. S. A. TO ENGR. H. B. NO. 2775 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 prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. SECTION 5. NEW LAW A new section of law to be c odified in the Oklahoma Statutes as Section 18-126.1 of Title 70, unless there is created a duplication in numbering, reads as follows: A. For the purposes of this act: 1. “Eligible teacher” means a certified person employed on a full-time basis by a school district to serve as a teacher, supervisor, counselor, librarian, or certified or registered nurse; and 2. “Eligible support employee ” means a full-time employee of a school district as determined by the standard period of lab or which is customarily understood to constitute full-time employment for the type of services performed by the employee who is employed a minimum of one hundred seventy -two (172) days and who provides those services, not performed by professional educator s or certified teachers, which are necessary for the efficient and satisfactory functioning of a school district and shall not include adult education instructors or adult coordinators employed by technology center school districts. B. The State Departmen t of Education shall crea te the Rewarding Excellent Educators Grant Program for the purpose of providing grant funds to school districts to implement qualitative bonus pay plans for eligible teachers and eligible support employees. ENGR. S. A. TO ENGR. H. B. NO. 2775 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 C. To receive grant fun ds, a school district boa rd of education shall approve and submit to the State Department of Education a qualitative bonus pay plan to reward high -performing eligible teachers and eligible support employees. The plan shall include, but not be limited to, the following components: 1. Student growth, as defined by the school district board of education; 2. Peer evaluations; 3. Administrator evaluations; 4. Mentorship participation; and 5. Participation in extra responsibilities or duties. D. The State Department of Education s hall award grant funds to school districts from the Rewarding Excellent Educators Revolving Fund created in Section 4 of this act on a first -come, first-served basis until funds appropriated pursuant to Section 3 of this act are exhausted. E. Grants awarded pursuant to this section shall be used to provide one-time bonuses to eligible teachers and eligible support employees. No more than ten percent (10%) of a school district ’s eligible teachers and eligible support employees may be provided one-time bonuses for the school year. No bonus shall exceed Five Thousand Dollars ($5,000.00). ENGR. S. A. TO ENGR. H. B. NO. 2775 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 SECTION 6. AMENDATORY 70 O.S. 2021, Section 18-200.1, as last amended by Section 2, Cha pter 488, O.S.L. 2021, is amen ded to read as follows: Section 18-200.1. A. Beginning with the 2022-2023 school year, and each school year thereafter, each school district shall have its initial allocation of State Aid calculated based on the state dedicated revenues actually collecte d during the preceding fiscal year, the adjusted assessed valuation of the preceding year , and the weighted average daily membership for the school district o f the preceding school year. Each school district shall submit the following data based on the fi rst nine (9) weeks, to be used in the calculation of the average daily membership of the school district: 1. Student enrollment by grade level; 2. Pupil category counts; and 3. Transportation supplement data. On or before December 30, the State Departme nt of Education shall determine each school district’s current year allocation pursuant to subsection D of this section. The State Department of Education shall complete an audit , using procedures established by the Department, of the student enrollment b y grade level data, pupil category counts, and transportation supplement data to be used in the State Aid Formula pursuant to subsection D of this se ction by December 1 and by Jan uary 15 shall notify each school district of the district’s final State Aid allocation for the current school ENGR. S. A. TO ENGR. H. B. NO. 2775 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 year. The January payment of State Aid and each subsequent payment for the remainder of the school year shall be ba sed on the final State Aid allocation as calculated in subsection D of this s ection. 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 t he 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 not less than one and one-half percent (1 1/2%) of the total funds appro priated for financial support of schools, to be used to make midyear adjustments in State Aid and which shall be reflected in the final allocations. If the amount of appropriated funds, including the one and one-half percent (1 1/2%) retained, remaining a fter January 1 of each year is not sufficient t o fully fund the final allocat ions, the Department shall 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 amount of State Aid each district shall receive s hall be the sum of the Foundation Aid, the Salary Incentive Aid, and the Transportation Supplement, as adjusted pursuant to the provisions of subsect ion G of this section and Section 18-112.2 of this title; provided, no distri ct having per pupil revenue in excess of three hundred percent (300%) of the ENGR. S. A. TO ENGR. H. B. NO. 2775 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 average per pupil revenue 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 paymen ts, reimbursements, recovery o f overpayments and refunds, unused reserves, prior expenditures recovered, pr ior year surpluses, and less the amount of any transfer fees paid in that year. The December calculation of per pupil revenue shall be determined by dividing the district ’s preceding year’s total weighted average daily members hip (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 expenditures recov ered, prior year surpluses, and less the amount of any transfer fees paid in that year. D. For the 1997-98 school year, and each school year thereafter, Foundation Aid, the Transportation Supplement , and Salary Incentive Aid shall be calculated as follows : 1. Foundation Aid shall be determined by sub tracting the amount of the Foundation Program Income from the cost of the Foundation Program and adding to this difference the Transportation Supplement. a. The Foundation Program shall be a district’s higher weighted average daily membership based on the first ENGR. S. A. TO ENGR. H. B. NO. 2775 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 nine (9) weeks of the cu rrent 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, multiplied by the Base F oundation Support Level. However, for the portion of weighted membership derived from nonresident, transferred pupils enrolled in online courses, th e Foundation Program shall be a district’s weighted average daily membership of the preceding school year o r the first nine (9) weeks of the current school year, whichever 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 Section 18-201.1 of this title, multiplied by th e Base Foundation Support Level. b. The Foundation Program Income shall be the sum of the following: (1) The adjusted assessed valuation of the curre nt school year of the school d istrict, minus the previous year protested ad v alorem tax revenues held as prescribed in Section 2884 of Title 68 of the Oklahoma Statutes, multiplied by the mills ENGR. S. A. TO ENGR. H. B. NO. 2775 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 levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitution, if applicable, as adjusted in subsection (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 valuation on which tax revenue s are collected during the current school year, and (2) 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 subs ection (b) of Section 9 of Article X of 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 (3), (4), (5), and (6) of this subparagraph shall c onsist of the amounts actually collected from such sources during the preceding fiscal year calculated on a per capita basis ENGR. S. A. TO ENGR. H. B. NO. 2775 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 on the unit provided for by law for the distributi on of each such revenue. 2. The Transportation Supplement shall be equal to the average daily haul times the p er capita allowance times the appropriate transportation factor. 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 scho ol. b. The per capita allowanc e 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 ENGR. S. A. TO ENGR. H. B. NO. 2775 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 .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 .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 2.0. 3. Salary Incentive Aid shall 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 o f the current school year or t he ENGR. S. A. TO ENGR. H. B. NO. 2775 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 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 S ection 18-201.1 of this title. b. Divide the district’s adjusted assessed val uation 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 subtract the quotient from the product of subparagraph a of t his paragraph. The remainder shall not be less than zero (0). 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 thi s subsection, not including the county four-mill levy, by the remainder of subparagraph b of this paragraph. The product shall be the Salary Incentive Aid of the district. E. By June 30, 1998, the State Department of Educati on shall develop and the Depar tment and all school districts shall have implemented a student identification system which is consistent with the provisions of sub sections C and D of Section 3111 of Title 74 of the Oklahoma Statutes. The student identifica tion system shall be ENGR. S. A. TO ENGR. H. B. NO. 2775 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 used specifically for the purpose of reporting enrollment data by school sites and by school districts, the administration of the Oklahoma School Testing Program Act, the collection of app ropriate and necessary data pursuant to the Okl ahoma Educational Indicators Program, determining student enrollment, establishing a student mobility rate, allocation of the State Aid Formula , and midyear adjustments in funding for student growth. This enr ollment data shall be submitted to the State De partment of Education in accordance with rules promulgated by the State Board of Education. Funding for the development, implementation, personnel training , and maintenance of the student identification syste m shall be set out in a separate line item in t he allocation section of the a ppropriation 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 uncollectible because of ban kruptcy, clerical error, or a successful tax pr otest, and the amount of such taxes deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or an amount greater than twenty -five percent (25%) of ad valorem taxes per tax year, or the valuation of a district is lowered by order of the State Board of Equalization, the school d istrict’s State Aid, for the school year that such ad valorem taxes are calculated in the State Aid Formula, shall be det ermined by subtracting the net assessed valuation of the p roperty upon which taxes were deemed uncollectible from the assessed valuatio n of the school district and ENGR. S. A. TO ENGR. H. B. NO. 2775 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 the state. Upon request of the local board of education, it shall be the duty of the county assessor to certify to the Director of Finance of the State Department of Education the net assessed valuation of the property upon wh ich taxes were determined uncollectible. 2. In the event that the amount of funds a school district receives for reimbur sement from the Ad Valorem Reimbursement Fund is less than the amount of funds claimed for reimbursement by the school district due to insufficiency of funds as provided in Section 193 of Title 62 of the Oklahoma Statutes, then the school district ’s assessed valuation for the school year that such ad valorem reimbursement is calculated in the State Aid Formul a 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 r educed by an amount equal to the amount of carryover in th e general fund of the district as of June 30 of the preceding fiscal year, th at is in excess of the following standards for two (2) consecutive years: Total Amount of Amount of General Fund Collecti ons, 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% ENGR. S. A. TO ENGR. H. B. NO. 2775 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 $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 o f Education shall send by certified mail, with return receipt requested, to each School District Superintendent school district superintendent , Auditor auditor, and Regional Accreditation Officer regional accreditation officer a notice of and calculation s heet reflecting the general fund balance penalty to be assessed against that school district. Calculation of the general fund balance penalty shall no t include federal revenue. Within thirty (30) days of rec eipt of this written notice the school district shall submit to the Departmen t a written reply either accepting or protesting the penalty to be assessed against the district. If protesting, the sch ool district shall submit with its reply the reasons for r ejecting the calculations and documentation supporting those reasons. The De partment shall review all school district penalty protest documentation and notify each district by March 15 of its findi ng and the final penalty to be assessed to each district. General fund balance penalties shall be assessed to all school districts by April 1. ENGR. S. A. TO ENGR. H. B. NO. 2775 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 3. Any school district which receives proceeds from a tax settlement or a Federal Emergency Management Agency s ettlement during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, i f the penalty would occur solely as a result of receiving funds from the tax settlement. 4. Any school district which re ceives an increase in State Aid because of a change in Fou ndation and/or Salary Incentive Aid factors during the last two (2) months of the preceding fiscal year shall be exempt from the penalties assessed in this subsection, if the penalty would occur sol ely as a result of receiving funds from the increase in State Aid. 5. If a school district does not rece ive Foundation and/or Salary Incentive Aid during the preceding fiscal year, the State Board of Education may waive the penalty assessed in this subsec tion if the penalty would result in a loss of more than fo rty percent (40%) of the remaining State Aid to be allocated to the school district between April 1 and the remainder of the school 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 produ ction revenue apportionment during the 2002-2003 school year or in any subsequent school year that is greater than the gross production revenue apportionment of the preceding school year shall be exempt from t he ENGR. S. A. TO ENGR. H. B. NO. 2775 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 penalty assessed in this subsection, if the penalty would occur solely as a result of the gross production revenue apportionment, 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 Annexation Act shall be exempt from the penalty assessed in this subsection for the s chool 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 Ti tle 68 of the Oklahoma Statutes during the 2003-2004 school year or the 2004 -2005 school year shall be exempt from the penalties assessed in this subsection, if the penalty would occur solely as a result of receiving funds from the sales tax levy. 9. Any school district which has an amount of carryove r in the general fund of the d istrict in excess of the limits established in paragraph 1 of this subsection during the fiscal years b eginning July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall not be assessed a general fund balance penalty a s provided for in this subsection. ENGR. S. A. TO ENGR. H. B. NO. 2775 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 10. For purposes of calculating the general fund balance penalty, the terms “carryover” and “general fund balance” shall not include federal revenue. H. In order to provide startup funds for the implementation of early childhood programs, State Aid may be advanced to school districts that initially start early childhood instruction at a school site. School districts that desire such advanced funding shall make application t o the State Department of Education no later than September 15 of each year a nd advanced funding shall 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 anticipated He ad Start eligible student. Th e total amount of advanced 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. 1. Beginning July 1, 1996, the Okl ahoma Tax Commission, notwithstanding any provision of law to the contrary, shall report monthly to the State Department of Education the monthly apportionment of the following information: a. the assessed valuation of property, b. motor vehicle collection s, c. R.E.A. tax collected, an d d. gross productions tax collected. ENGR. S. A. TO ENGR. H. B. NO. 2775 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 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 mo nthly apportionment of the pro ceeds 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 c ontrary, shall report monthly to the State Department of Education the ad va lorem tax protest amounts for each county. 5. The information reported by th e 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 S tate Department of Education. SECTION 7. AMENDATORY 70 O.S. 2021, Section 18-201.1, is amended to read as f ollows: Section 18-201.1. A. Beginning with the 2020 -21 school year, and each school year thereafter, the weighted member ship of a school district for calculation of Foundation Aid 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, th e ENGR. S. A. TO ENGR. H. B. NO. 2775 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 weighted pupil category calculation, the weig hted district calculation, and the weighted teacher experience and degree calculation. The weighted membership of a school district for calculation of Salary Incentive Aid purposes pursuant to paragraph 3 of subsection D of Section 18 -200.1 of this title shall be the sum of the weighted pupil grade level calculation, the weighted pupil category calculation, the weighted district calcul ation, and the weighted teacher experience and degree calculation. B. Beginning with the 2022-2023 school year, the weight ed calculations provided for i n subsection A of this section shall be based on the higher weighted average daily membership of the fi rst nine (9) weeks of the current school year or the preceding school year of a school district, unless otherwise specified . The higher of the two (2) weighted average daily memberships shall be used consistently in all of the calculations; however, the w eighted calculation for a statewide virtual charter school experiencing a significant decline in membership shall be based on the first nine (9) weeks of the current school year for the statewide virtual charter school. For purposes of this subsection, “significant decline in membership ” means equal to or greater than a fifteen percent (15%) decrease in average daily membersh ip from the preceding school year to the average daily membership of the first nine (9) weeks of the current school year. The averag e daily membership data used for all calculations in paragraphs 1, 2, 3 , and ENGR. S. A. TO ENGR. H. B. NO. 2775 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 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 determ ined as follows: 1. The weighted pupil grade level calculation shall be determined by taking the highest average daily mem bership and assigning weights to the pupils according to grade attended as follows: GRADE LEVEL WEIGHT a. Half-day early childhood programs .7 b. Full-day early childhood programs 1.3 c. Half-day kindergarten 1.3 d. Full-day kindergarten 1.5 e. First and second grade 1.351 f. Third grade 1.051 g. Fourth through sixth grade 1.0 h. Seventh through twelfth grade 1.2 i. Out-of-home placement 1.50 Multiply the membership of each subparagraph of this paragraph by the weight assigned to such subparagraph of this paragraph and add the totals together to determine the weighted pupil grade level calculation for a school district. De termination of the pupils eligible for the early childhood program weight shall be pursu ant 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 ENGR. S. A. TO ENGR. H. B. NO. 2775 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 not residents of the sch ool district in which they are receiving education pursuant to the provisions of subsect ion D of Section 1- 113 of this title. Such wei ght may be claimed by the dist rict providing educational services to such student for the days that student is enrolled i n that district. If claimed, the out -of-home placement weight shall be in lieu of the p upil grade level and any pupil category weights for that student. Provided, if a student resides in a juvenile detention center that is restricted to less than twelve (12) beds, the out-of-home placement pupil weight for such students shall be calculated as follows: for a center with six (6) beds - 3.0; for a center with eight (8) beds - 2.3; and for a center with ten (10) beds - 1.80. 2. The weighted pupil category ca lculation 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 .5 c. Deafness or Hearing Impairment 2.9 d. Deaf-Blindness 3.8 e. Intellectual Disability 1.3 1.5 f. Emotional Disturbance 2.5 g. Gifted .34 h. Multiple Disabilities 2.4 i. Orthopedic Impairment 1.2 ENGR. S. A. TO ENGR. H. B. NO. 2775 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 j. Speech or Language Impairment .05 .1 k. Bilingual .25 l. Special Education Summer Program 1.2 m. Economically Disadvantaged .25 .3 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 approved in the school year with the highest average daily membership in each category by the weight assigned to such category and add the totals together to determine the we ighted pupil category calculation for a school district. For the 1997-98 school year and subsequent school years, the number to be multiplied by the weight assigned to the gifted category in subparagraph g of this paragraph shall be the lesser of (1) the sum of the number of students who scored in the top three percent (3%) on any national standardized test of intellectual ability plus the number of students identified as gifted pursuant to subparagraphs a thr ough d of paragraph 1 of Section 1210.301 of th is title, or (2) the sum of th e number of students who scored in the top three percent (3%) on any national ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 standardized test of intellectual ability plus eight percent (8%) of the total average daily membersh ip of the school district for the first nine (9) weeks of the school year. 3. The weighted district calculation shall be determined by determining the calculations for each school district for both the small school district formula and the district sparsi ty - isolation formula, applying whichever is t he greater of the calculations of the two formulas and then applying the restrictions pursuant to subparagraph c of this paragraph. a. Small school district formula: 529 minus the average daily membership divided by 529 times .2 times total average daily membership. The small school district formula calculation shall appl y 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 t o the Oklahoma School Voluntary Consolidation and Annexation Act shall have the wei ghted district size calculation for the three (3) school years following the fiscal year in which such consolidation occurred calculated to be the sum of the individual cons olidated districts comp uted as if the consolidation had not taken place. Thereafte r, any such district which is consolidated pursuant to the Oklahoma School Voluntary Consolidation and Annexation Act shall no t ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 qualify for the weighted district calculation unless the district can satisfy the specifications herein. Subject to the provisions of subparagraph c of this paragraph, the resulting number shall be counted as additional students for the purpose of calcu lating State Aid. b. District sparsity - isolation formula: The district sparsity - isolation formula calculation shall apply only to school districts: (1) whose total area in square miles is greater than the average number of square miles for all school districts in this state; and (2) whose areal density is less than one -fourth (1/4) of the state average areal density. Areal density shall be determined by dividing the school district’s average daily membership by the school district’s total area in squar e miles. The district sparsity - isolation formula calculation shall be calculated as follows: The school district student cost fa ctor multiplied by the school district area factor. The resulting product shall be multiplied by the school district ’s average daily membership. Subject to the provisions of subparagraph c of th is paragraph, the resulting ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 number shall be counted as addit ional 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 membersh ip shall be categorized into the following grade level groups and applied to the ap propriate formulas as computed below: Grade Level Group Grades K-5 Divide 74 by the sum of the Grade Level ADM plus 23, add .85 to the quotient, then multiply the sum by the Grade Level ADM. Grades 6-8 Divide 122 by the sum of the Grade Level ADM plus 133, add .85 to the quotient, then multiply the sum by the Grade Level ADM. Grades 9-12 Divide 292 by the sum of the Grade Level ADM plus 128, add .78 to the quotient, then multiply the sum by the Grade Level ADM. ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 35 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 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 quotien t. The school district area cost factor shall be calc ulated as follows: Subtract the state average distric t area from the district area, then divide the remainder by the state average district area; however, the district area cost f actor shall not exceed o ne (1.0). The State Board of Education shall define g eographical barriers whose location in a school distr ict would inhibit the district from consolidation or annexation. The Board shall make available an application process, revie w applications, and for districts the Board deems necessary allow additional square miles to be used for the purposes of calculati ons used for the weighted district sparsity - isolation formula. Provided, that the additional square miles allowed for geographical barriers shall n ot exceed thirty percen t (30%) of the district ’s actual size. c. State Aid funds which a district is calcu lated to receive as a result of the weighted district calculation shall be restricted as follows: ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 If, after the weighted distr ict calculation is applied, the district ’s projected per pupil revenue exceeds one hundred fifty percent (150%) of the projected state average per pupil revenue, then the district’s State Aid shall be reduced by an amount that will restrict the district ’s projected per pupil revenue to one hundred fift y percent (150%) of the projec ted state average per pupil revenue. Provided, in ap plying the restriction provided in this division, the district’s State Aid shall not be reduced by an amount greater than by t he amount of State Aid which was generated by t he 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 membership (ADM) as weighted by the pupil grade level, the pupil category, the district and the teacher experience deg ree index calculations for projected State Aid into t he district’s projected total revenues including projected funds for the State Aid Formula for the preceding year, net assesse d valuation for the preceding calendar year tim es thirty-nine (39) mills, ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 weighted by th e pupil grade level, the pupil category, the district and the teacher experience degree index calculations for projected State Aid into the district ’s projected total revenues including funds for the December calculation of the current year State Aid Formu la, net assessed valuation for the current calendar y ear times thirty-nine (39) mills, county revenues excluding the county four-mills revenue for the preceding year, other state appropriations for the preceding year , and the collections for the preceding year of state apportionment, motor vehicle revenue, g ross production tax, and R.E.A. tax. ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 38 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’s projected total revenues for each calculation shall exclude the following collections for the second preceding year: fede ral revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior expenditures recovered, prior year surpluses, and other local miscellaneous revenues. 4. The weighted teacher experience and degree calculat ion shall be determined in acc ordance with the teacher experience and degree index. The State Department of Education shall determine an index for each state teacher by using data supplied in the school district’s teacher personnel reports of the precedin g year and utilizing the index as follows: TEACHER EXPERIENCE - DEGREE INDEX EXPERIENCE BACHELOR’S MASTER’S DOCTOR’S DEGREE DEGREE DEGREE 0 - 2 .7 .9 1.1 3 - 5 .8 1.0 1.2 6 - 8 .9 1.1 1.3 9 - 11 1.0 1.2 1.4 12 - 15 1.1 1.3 1.5 Over 15 1.2 1.4 1.6 The school district teacher index for e ach school district shall be determined by subtractin g the weighted average state teacher from ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 39 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 weighted average district teacher. Multiply the school district teacher index if greater than zero by .7 and then multiply tha t product by the sum of the di strict’s weighted pupil grade level calculation provided in paragraph 1 of this subsection and the weighted pupil category calculation provided in subparagraph m of paragraph 2 of this subsection to determine the weighted teac her experience and degree calc ulation. C. Each school district shall allocate fund s generated by the pupil category weights provided for in paragraph 2 of subsection B of this section to provide instruction and services to students who generated the pupil category weight(s). Expenditures shall be reported using the Oklahoma Cost Accoun ting System. SECTION 8. The provisions of this act shall not become effective as law unless Enrolled House Bill No. 1935 of the 1st Session of the 59th Oklahoma Legi slature becomes effective as law . SECTION 9. This act shall become effective July 1, 2023. SECTION 10. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall tak e effect and be in full force from and after its passage and approval. ” ENGR. S. A. TO ENGR. H. B. NO. 2775 Page 40 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 30th 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 ENGR. H. B. NO. 2775 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 BILL NO. 2775 By: McCall, McBride, Baker, Bashore, Moore, Humphrey, Luttrell, Caldwell (Chad), Maynard, Echols, and Hilbert of the House and Daniels and Jett of the Senate An Act relating to education; making appropriations to the State Board of Education; specifying appropriation amount s; providing a pay increase for all active classroom teacher s; directing certain appropriation to be distributed based on average daily membership; establishing maximum distribution amount; providing allowable expenditures for appropriated funds; including certain schools in funding eligibility; providing a pay increase for certain employees; including appropriations in per- pupil expenditure calculations; prohibiting severability of act provisions; providing for conditional enactment ; providing for noncodification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 11. There is hereby appropriated to the State Board of Education from any monies not otherwise a ppropriated from the General Revenue Fund of the State Treasur y for the fiscal year ENGR. H. B. NO. 2775 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 ending June 30, 2024, the sum of One Hundred Fifty Million Dollars ($150,000,000.00) for the financial support of public schools. A portion of these monies and monies appropriated in Section 3 of this act shall be used to increase salaries of all public school district active classroom teachers, as defined in Secti on 17-101 of Title 70 of the Oklahoma Statutes, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) per active classroom teacher for the 2023-2024 school year. If a person employed as an active classroom teacher by a school district during the 2022-2023 school year was receiving a salary greater than the step level indicated by the state or local Minimum Salary Schedule for the 2022-2023 school year, the person shall receive a salary increase in the amo unt of Two Thousand Five Hundred Dollars ($2,500.00) greater than his or her salary for the 2022-2023 school year, provided the person remains employed by the same district and the hours or duties of the person are n ot reduced. SECTION 12. There is hereby appropriated to the Oklahoma Student Fund of the State Treasury created in Enrolled House Bill No. 1935 enacted by the 1st Session of the 59th Oklahoma Legislature from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2024, the sum of Fifty Million Dollars ($50,000,000.00) to be distributed in a proportional manner the same as redbud school grants provided for in subsection B of Section 3-104 of Title 70 of the Oklahoma Statutes. ENGR. H. B. NO. 2775 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 SECTION 13. There is hereby appropriated to the Oklahoma Student Fund of the State Treasury created in Enrolled House Bill No. 1935 enacted by the 1st Session of the 59th Oklahoma L egislature from any monies not otherwise appropriated from the General Revenue Fund of the State Treasury for the fiscal year ending June 30, 2024, the sum of Three Hundred Million Dollars ($300,000,000.00) to be distributed to public school districts in t he state based on the weighted average daily membership of the preceding school year for the school district to be utilized as provided in this section, but in no event shall any district receive more than Two Million Dollars ($2,000,000.00). The appropriated moni es may only be used for the following expenditures: 1. Teacher and support staff salaries, not including salaries of administrators; 2. Programs and facilities related to instruction in science, technology, engineering, and mathematics; 3. Textbooks, curriculum, or other instructional materials including, but not limited to, supplemental materials or associated online instruction applications or materials ; 4. Computer hardware or other technological devices, educational software, and applications that a re used to meet curriculum needs and bolster academic outcomes of students; ENGR. H. B. NO. 2775 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 5. Increasing classroom capacity and additional institutional space for academic instruction if the school is at full academ ic capacity; 6. Instruments, supplies, acc essories, and materials that provide instruction in drama, music, speech and debate, agriculture, or other similar activities; 7. Fees for nationally standardized assessments inclu ding, but not limited to, assessments used to determine college admissio n and advanced placement examinations as well as tuition and fees for tutoring, remediation, or prepara tory courses for the assessments; 8. Summer education programs and specialized a fter-school education programs; provided, however, that such expense sh all not include before-school or after-school child care; 9. Student support services, including only health, psychological, guidance, therapy, and attendance services; and 10. Tuition and fees for concurrent enroll ment at an institution within The Oklahoma State System of Higher Education only for amounts that are not paid by the Oklahoma State Regents fo r Higher Education. SECTION 14. NEW LAW A new section of la w not to be codified in the Oklahoma Statutes reads a s follows: A. For the purposes of funds appropriated pursuant to Sections 1, 2, and 3 of this act, the Oklahoma School for the Blind a nd the Oklahoma School for the Deaf shall be considered public schools and ENGR. H. B. NO. 2775 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 public school districts that are eligible to r eceive the funds appropriated in Sections 1, 2, and 3 of this act. B. Persons employed as active classroom teachers by the Oklahoma School for the Blind or the Oklahoma School for the Deaf shall receive a salary increase, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) per active classroom teacher for the 2023-2024 school year. If a person employed a s an active classroom teacher by the Oklahoma School for the Blind or the Oklahoma School for the Deaf during the 2022-2023 school year was receiving a salary greater than the step level indicated by the st ate or local Minimum Salary Schedule for the 2022 -2023 school year, the person shall receive a salary increase in the amount of Two Thousan d Five Hundred Dollars ($2,500.00) greater than his or her sal ary for the 2022-2023 school year, provided the person remains employed by the Oklahoma School for the Blind or the Oklahoma S chool for the Deaf and the hours or duties of the person are not red uced. C. Persons employed as classroom instructional employees of technology center school districts supervised by the State Board of Career and Technology Education shall receive a salary increase, in the amount of Two Thousand Five Hundred Dollars ($ 2,500.00) per classroom instructional employee for the 2023-2024 school year. If a person employed as a classroom instructional employee by a technology center school district during the 202 2-2023 school year was receiving a salary greater than the step level indicated by the ENGR. H. B. NO. 2775 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 state or local Minimum Sala ry Schedule for the 2022-2023 school year, the person shall receive a salar y increase in the amount of Two Thousand Five Hundred Dollars ($2,5 00.00) greater than his or her salary for the 2022-2023 school year, provided the person remains employed by the s ame technology center school district and the hours or duties of the person are not reduced. D. Persons employed as Correctional Teachers or Vocational Instructors by the Department of Corrections pursuant to Section 510.6a of Title 57 of the Oklahoma Statutes or persons employed as teachers by the Office of Juveni le Affairs shall receive a salary increase, in the amount of Two Thousand Five Hu ndred Dollars ($2,500.00) per person for the 2023-2024 school year. If a person employed as provided in this subsection during the 2022-2023 school year was receiving a salar y greater than the step level indicated by the state or local Minimum Salary Sche dule for the 2022-2023 school year, the person shall receive a salar y increase in the amount of Two Thousand Five Hundred Dollars ($2,500.0 0) greater than his or her salary for the 2022-2023 school year, provided the person remains employed by the Department of Corrections or the Office of Juvenile Affairs and the hours or duties of the person are not reduced. E. The funds appropriated pursua nt to Sections 1, 2, and 3 of this act shall be included in any calculation of per -pupil ENGR. H. B. NO. 2775 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 expenditure as defined i n Section 1-124 of Title 70 of the Oklahoma Statutes. SECTION 15. The provisions of this act shall not be severable, and if any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall invalidate the other provisions or applications of this act. SECTION 16. The provisions of this act shall be contingent upon the enactment of Enrolled House Bill No. 1935 of the 1st Session of the 59th Oklahoma Legislature. SECTION 17. This act shall become effective July 1, 2023. SECTION 18. It being immediately necessary for the prese rvation of the public peace, health or safety, an emergency is hereb y declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. Passed the House of Representatives the 22nd day of February, 2023. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2023. Presiding Officer of the Senate ENGR. H. B. NO. 2775 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