Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB709 Introduced / Bill

Filed 01/18/2023

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
SENATE BILL 709 	By: Brooks 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to State Aid; amending 70 O.S. 2021, 
Section 18-201.1, which relates to weighted 
membership of a school district; directi ng certain 
districts to use certain funds for certain purpose; 
directing method to report expenditures; 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 -201.1, is 
amended to read as follows: 
Section 18-201.1. A.  Beginning with the 2020 -21 school year, 
and each school year t hereafter, the weighted membership of a school 
district for calculation of Foundation Ai d purposes pursuant to 
paragraph 1 of subsection D of Section 18 -200.1 of this title shall 
be the sum of the weighted pupil grade level calculation, the 
weighted pupil category calculation, the weighted dis trict 
calculation, and the weighted teacher experie nce 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 S ection 18-200.1 of this title shall be the sum   
 
 
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of the weighted pupil grade level calculat ion, the weighted pupil 
category calculation, the weighted district calculation , and the 
weighted teacher experience and degree calculation. 
B.  Beginning with the 202 2-2023 school year, the weighted 
calculations provided for in subsection A of this sectio n shall be 
based on the higher weighted average daily membership of the first 
nine (9) weeks of the current school year or the preceding school 
year of a school distri ct, unless otherwise specified .  The higher 
of the two (2) weighted average daily members hips shall be used 
consistently in all of the calculations; however, the weighted 
calculation for a statewide virtual charter school experiencing a 
significant decline in membership shall be based on the f irst 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 membership from the 
preceding school year to the average daily memb ership of the first 
nine (9) weeks of the current school year .  The average daily 
membership data used for all calculations in paragraphs 1, 2, 3 , and 
4 of this subsection shall be the same as used in the calculation of 
the State Aid Formula .  The weighted calculations provided for in 
subsection A of this section shall be determined as follows: 
1.  The weighted pupil grade level calculation shall be 
determined by taking the highest average daily membership and   
 
 
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assigning weights to the pupils according to gr ade 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 subparagrap h of this paragraph and 
add the totals together to determin e the weighted pupil grade level 
calculation for a school district .  Determination of the pupils 
eligible for the early childhood program weight shall be purs uant to 
the provisions of Section 1-114 of this title.  The pupils eligible 
for the out-of-home placement pupil weight shall be students who are 
not residents of the school district in which they are receiving 
education pursuant to the provisions of subsec tion D of Section 1-
113 of this title.  Such weight may be claimed by the district 
providing educational services to such student for the days that 
student is enrolled in that district .  If claimed, the out-of-home   
 
 
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placement weight shall be in lieu of the pupil grade level and any 
pupil category weights for that student.  Provided, if a student 
resides in a juvenile detention center that is restricted to less 
than twelve (12) beds, the out -of-home placement pupil 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 calculation shall be determined 
by assigning a weight to the pupil category as follows: 
CATEGORY 	WEIGHT 
a. Visual Impairment 	3.8 
b. Specific Learning Disability 	.4 
c. Deafness or Hearing Impairment 	2.9 
d. Deaf-Blindness 	3.8 
e. Intellectual Disability 	1.3 
f. Emotional Disturbance 	2.5 
g. Gifted 	.34 
h. Multiple Disabilities 	2.4 
i. Orthopedic Impairment 	1.2 
j. Speech or Language Impair ment 	.05 
k. Bilingual 	.25 
l. Special Education Summer Program 	1.2 
m. Economically Disadvantaged 	.25   
 
 
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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 pupil s 
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 deter mine the weighted pupil category 
calculation for a school dis trict.  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 studen ts who 
scored in the top three percent (3%) on any na tional standardized 
test of intellectual ability plus the number of students identified 
as gifted pursuant to subparagraphs a through d of paragraph 1 of 
Section 1210.301 of this title, or (2) the sum of the number of 
students who scored in the top three p ercent (3%) on any national 
standardized test of intellectual ability plus eight percent (8%) of 
the total average daily membership of the school district for the 
first nine (9) weeks of the school year.   
 
 
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3.  The weighted district calculation shall be deter mined by 
determining the calculations for each school district for both the 
small school district formula and the district sparsity - isolation 
formula, applying whi chever is the greater of the calculati ons of 
the two formulas and then applying the restric tions pursuant to 
subparagraph c of this paragraph. 
a. Small school district formula :  529 minus the average 
daily membership divided b y 529 times .2 times total 
average daily membership. 
The small school district formula calculation shall apply 
only to school districts whose highest average daily 
membership is less than 529 pupils .  School districts which 
are consolidated or annexed afte r July 1, 2003, pursuant to 
the Oklahoma School Voluntary Consolidation and Annexation 
Act shall have the weighted distri ct 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 consolid ated districts computed as if the 
consolidation had not taken place.  Thereafter, any such 
district which is consolidated pursuant to the Oklahoma 
School Voluntary Consolidation and Annexation Act shall not 
qualify for the weighted district calculation unl ess the 
district can satisfy the speci fications herein.  Subject to 
the provisions of subpa ragraph c of this paragraph, the   
 
 
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resulting number shall be counted as additional students 
for the purpose of calculating State Aid. 
b. District sparsity - isolation formula: 
The district sparsity - isolation formula calculation shall 
apply only to school d istricts: 
(1) whose total area in square miles is greater than 
the average number of square miles for all school 
districts in this stat e; 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 square miles. 
The district sparsity - isolation formula calculation shall 
be calculated as fol lows: 
The school district student cost factor multipl ied 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 this paragraph, the r esulting 
number shall be counted as additional studen ts for the 
purpose of calculating State Aid. 
The school district student cost factor shall be calculated 
as follows:   
 
 
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The school district’s average daily membership s hall 
be categorized into the following grade level groups 
and applied to the appropriate fo rmulas 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, th en 
multiply the sum by the Gra de 
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. 
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 quot ient.   
 
 
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The school district area cost factor shall be calculated as 
follows: 
Subtract the state average district area from the 
district area, then divide the remainder by the state 
average district area; 
however, the district area cost factor shall not excee d one 
(1.0). 
The State Board of Education shall define geographical barriers 
whose location in a school district would in hibit the district from 
consolidation or annexation .  The Board shall make available an 
application process, review applications, and f or districts the 
Board deems necessary allow additional square miles to be used for 
the purposes of calculations used for the weighted district sparsity 
- isolation formula.  Provided, that the additional square miles 
allowed for geographical barriers shal l not exceed thirty percent 
(30%) of the district’s actual size. 
c. State Aid funds which a district is calculated to 
receive as a result of the weighted district 
calculation shall be restricted as follows: 
If, after the weighted district calculation is 
applied, the district’s projected per pupil 
revenue exceeds one hundred fifty percent (150%) 
of the projected state average per pupil revenue, 
then the district’s State Aid shall be reduced by   
 
 
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an amount that will restrict the district ’s 
projected per pupil r evenue to one hundred fifty 
percent (150%) of the projected state average per 
pupil revenue.  Provided, in applying the 
restriction provided in this division, the 
district’s State Aid shall not be reduced by an 
amount greater than by the amount of State Ai d 
which was generated by the w eighted 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 pup il category, 
the district and the teacher experience degree index 
calculations for projected State Aid into the 
district’s projected total revenues including 
projected funds for the State Aid Formula for the 
preceding year, net assessed valuation for the 
preceding calendar year times t hirty-nine (39) mills, 
county revenues excluding the county four -mills 
revenues for the second preceding year, other state 
appropriations for the preceding year , and the 
collections for the preceding year of state   
 
 
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apportionment, motor vehicle revenue, gros s 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 the pupil grade 
level, the pupil category, the district and the 
teacher experience degree index calculations for 
projected State Aid into the district ’s projected 
total revenues including funds for the December 
calculation of the cu rrent year State Aid Formula, net 
assessed valuation for the current calendar year times 
thirty-nine (39) mills, county revenues excluding the 
county four-mills revenue for the preceding year, 
other state appropriations for th e preceding year, and 
the collections for the preceding year of state 
apportionment, motor vehicle revenue, gross product ion 
tax, and R.E.A. tax. 
The district’s projected total revenues for each 
calculation shall exclude the following collections 
for the second preceding year: federal revenue, 
insurance loss payments, reimbursements, recovery of 
overpayments and refunds, unu sed reserves, prior   
 
 
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expenditures recovered, prior year surpluses, and 
other local miscellaneous revenues. 
4.  The weighted teacher expe rience and degree calculation shall 
be determined in accordance 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 preceding ye ar 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 each school d istrict shall 
be determined by subtracting the weight ed average state teacher from 
the weighted average district teacher .  Multiply the school district 
teacher index if greater than zero b y .7 and then multiply that 
product by the sum of the district’s weighted pupil grade level 
calculation provided in parag raph 1 of this subsection and the 
weighted pupil category calculation provided in subparagraph m of   
 
 
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paragraph 2 of this subsection to d etermine the weighted teacher 
experience and degree calculation. 
C.  School districts that receive State Aid funds as a r esult of 
qualifying for the “bilingual” pupil category weight pursuant to 
subparagraph k of paragraph 2 of subsection B of this section shall 
use the funds to provid e professional development for teacher s who 
offer instruction in English as a second language. Expenditures 
shall be reported using the Oklahoma Cost Accounting System. 
SECTION 2.  This act shall become effective July 1, 2023. 
SECTION 3.  It being immediately n ecessary for the preservation 
of the public peace, he alth, 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. 
 
59-1-1253 EB 1/18/2023 2:27:33 PM