Req. No. 1320 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 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 OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 825 By: Daniels AS INTRODUCED An Act relating to school funding; amending 70 O.S. 2021, Section 18-201.1, which relates to weighted membership of a school district; m odifying the small school district formula; providing an effective date; declaring an emergency; and providing for conditional effect. 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 thereafter, the weighted me mbership 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, the weighted pupil category calculation, the weighted 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 Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the weighted pupil grade level calculation, the weighted pupil category calculation, the wei ghted district calculation , and the weighted teacher experience and degree calculation. B. Beginning with the 2022-2023 school year, the we ighted calculations provided for in su bsection A of this section 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 district, unless otherwise speci fied. The higher of the two (2) weigh ted average daily memberships shall be used consistently in all of the calcula tions; however, the weighted calculation for a statewide virtual charter school experiencing a significant decline in membership shall be ba sed on the first nine (9) weeks of the current school year for the statewide virtual charter school. For purposes o f this subsection, “significant decline in membership ” means equal to or greater than a fifteen percent (15%) decrease in average daily memb ership from the preceding school year to the average daily membership of the first nine (9) weeks of the current sch ool 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 se ction shall be determined as follows: 1. The weighted pupil grade level calculation shall be determined by taking the highest average daily membership and Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assigning weights to t he 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 dist rict. Determination of the pupils eligible for the early childhood program weight shall be pursuant to the provisions of Section 1 -114 of this title. The pupils eligible for the out-of-home placement pupil weight shall be stude nts who are not residents of the school district in which they are receiving education pursuant to the provisions of subsection 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 Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 tha t is restricted to less than twelve (12) beds, the out -of-home placement pupil weight for such students shall be calculated as f ollows: for a center with six (6) beds - 3.0; for a center with eight (8) bed s - 2.3; and for a center with ten (10) beds - 1.80. 2. The weighted pupil ca tegory 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 Disabilit y 1.3 f. Emotional Disturbance 2.5 g. Gifted .34 h. Multiple Disabilities 2.4 i. Orthopedic Impairment 1.2 j. Speech or Language Impairment .05 k. Bilingual .25 l. Special Education Summer Program 1.2 m. Economically Disadvantage d .25 Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Impairme nt 1.2 Except as otherwise provided, m ultiply the number of pupils approved in the school year with the highest aver age daily membership in each category by the weight assigned to such category and add the totals together to determine the weighted pupil ca tegory calculation for a school distri ct. 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 paragr aph shall be the lesser of (1) the sum of the numb er of students who scored in the top three percent (3%) on any national standardized test of intellectual ability pl us the number of students identified as gifted pursuant to subparagraphs a through d of pa ragraph 1 of Section 1210.301 of this title, or (2 ) the sum of the number of students who scored in the top three percent (3%) on any natio nal standardized test of in tellectual ability plus eight percent (8%) of the total average daily membership of the sc hool district for the first nine (9) weeks of the school year. Req. No. 1320 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 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. The weighted district calculation shall be determined by determining the calculations for each scho ol district for both the small school district formula and the district sparsity - isolation formula, applying whichever is the greater of t he 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 .3 times total average daily membership. The small school district formula calc ulation shall apply only to school districts whose highest average daily membership is less than 529 pupils. School districts which are consolidated or annexed after July 1, 2003, pursuant to the Oklahoma School Voluntary Consolidation and Annexation Act shall have the weighted district size calculation f or the three (3) school yea rs following the fiscal year in which such consolidation occurred calculated to be the sum of the individual consolidated districts computed as if the consolidation had not taken place. Thereafter, any such district which is con solidated pursuant to the O klahoma School Voluntary Consolidation and Annexation Act shall not qualify for the weighted district calculation unless the district can satisfy the specifications herein. Subj ect to the provisions of subparagraph c of this par agraph, the Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 calculatio n shall apply only to school districts: (1) whose total area in square miles i s 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 den sity. Areal density shall be determined by dividin g 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 follows: The school district student cost factor multiplied by the school district area factor. The res ulting product shall be multiplied by the school district ’s average daily membership. Subjec t to the provisions of subparagraph c of this p aragraph, the resulting number shall be counted as additional students for the purpose of calculating State Aid. The school district student cost factor shall be calculated as follows: Req. No. 1320 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The school district’s average daily membership shall be categorized into the following grade level groups and applied to the appropriate 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. The sum of the grade level g roup’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. Req. No. 1320 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 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 school district area cost factor shall be c alculated 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 exceed o ne (1.0). The State Board of Education shall defin e geographical barriers whose location in a school district would inhibit the district fr om consolidation or annexat ion. The Board shall make available an application process, review applications, and for districts the Board deems necessary allow addition al square miles to be used for the purposes of calculations used for the weighted distric t sparsity - isolation formula. Provided, that the additional square miles allowed for geographical barriers shall 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 t he weighted district calculation shall be restricted as follows: If, after the weighted distric t 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 Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 an amount that will restrict the district ’s projected per pupil revenue to one hundred fifty percent (150%) of the pro jected state average per pupil revenue. Provided, in applying the restriction provided i n this division, the district’s State Aid shall not be reduced by an amount greater than by the amount of State Aid which was generated by the weighted district calculation. The July calculation of the pro jected per pupil revenue shall be determined by div iding the district’s preceding year’s average daily membership (ADM) as weighted by the pupil g rade level, the pupil category, the district and the teacher experience degree index calculations for projecte d State Aid into the district’s projected total rev enues including projected funds for the State Aid Formula for the preceding year, net assessed valuation for the preceding calendar year times thirty -nine (39) mills, county revenues excluding the county f our-mills revenues for the second preceding year, o ther state appropriations for the preceding year , and the collections for the preceding year of state Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 apportionment, motor vehicle revenue, gross production tax, and R.E.A. tax. The December calculation of the projected per pupil revenue shall be determine d 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 cate gory, the district and the teacher experience degre e index calculations for projected State Aid into the district ’s projected total revenues inclu ding funds for the December calculation of the current year State Aid Fo rmula, 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 the preceding year , and the collections for the precedi ng year of state apportionment, motor vehicle revenue, gross production tax, and R.E.A. tax. The district’s projected total revenues for each calculation shall exclude the following co llections for the second preceding year: federal revenue, insurance loss payments, reimbursements, recovery of overpayments and refunds, unused reserves, prior Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 expenditures recovered, prio r year surpluses, and other local miscellaneous revenues. 4. The weighted teacher experience and degree calculation shall be determined in accordance with the teacher experience and degree index. The State Department of Educati on shall determine an index for each state teacher by using data supplied in the school district’s teacher personnel reports of the preceding year and utilizing the index as follows: TEACHER EXPERIENCE - DEGREE INDEX EXPERIENCE BACHELOR’S MASTER’S DOCTOR’S DEGREE DEGREE DEGREE 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 fo r each school district shall be determined by subtracting the weighted average state teac her from the weighted average district teacher. Multiply the school district teacher index if greater than zero by .7 and then multiply that product by the sum of the district’s weighted pupil grade level calculation provided in paragraph 1 of this subsec tion and the weighted pupil category calculation provided in subparagraph m of Req. No. 1320 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraph 2 of this subsection to determine the weighted teacher experience and degree c alculation. SECTION 2. This act shall become effective 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 this act shall take effect an d be in full force from and after its passage and a pproval. SECTION 4. The provisions of this act shall be contingent upon the enactment of the provisions of Senate Bill No. 822 of the 1st Session of the 59th Oklahoma Legislature and shal l not become operative as law otherwise . 59-1-1320 EB 1/19/2023 8:46:52 AM