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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1090 By: Pugh
AS INTRODUCED
An Act relating to schools; creating the Oklahoma
School Districts Carryover Investment Fund; providing
individual accounts for schools el ecting to invest
certain carryover funds; providing sources of funds;
requiring the State Treasurer to appoint investment
managers; establishing investment guidelines;
authorizing realization of losses under certain
circumstance; requiring income and retur ns to accrue
to the balance of the individual account; providing
for withdrawal of funds for certain purpose;
requiring notification of intent to withdrawal or
deposit funds; providing for withdraw amount upon
insufficient liquidity; requiring managers to
maintain certain proportion of liquidity in the fund;
amending 70 O.S. 2021, Section 18 -200.1, as amended
by Section 1, Chapter 280, O.S.L. 2023 (70 O.S. Supp.
2024, Section 18-200.1), which relates to formula for
state aid; excluding certain funds from ca rryover
amount for purpose of calculating reduction in State
Aid; excluding certain withdrawals from certain
terms; providing for codification ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34.701 of Title 62, unless there
is created a duplication in numbering, reads as follows:
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A. There is hereby created in the State Treasury a fund to be
known and designated as the “Oklahoma School Districts Carryover
Investment Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of individual accounts
for each school district electing to invest carryover f rom the
general fund of the school district, as defined in Section 1 -117 of
Title 70 of the Oklahoma Statutes .
B. The State Treasurer shall appoint qualified investment
managers to provide for the investment of the monies of the fund.
The investments shall be consistent with the manner in which state
retirement funds are invested. The risk of large losses shall be
minimized by diversifying the investments in the fund, unless, under
the circumstances, it is clearly prudent not to do so, which shall
include the length of time of the investment. The investment
managers may sell investments and realize losses if such action is
considered advantageous to longer -term return maximization.
C. Notwithstanding any other provisions of law, income and
investment return on the principal of each individual account shall
accrue to such account.
D. For each fiscal year, the State Treasurer shall
electronically submit a report to each school district for which an
individual account is created pursuant to subsection A of this
section detailing the present value of the investments and assets in
the account and the increase in value from the previous fiscal year.
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E. For each fiscal year, a school district for which an
individual account is created may elect to make a depos it or
withdrawal from the fund; provided, the district shall provide
notification to the State Treasurer of the intention to make a
deposit or withdrawal at least thirty (30) days prior to the deposit
or withdrawal. Withdrawals from the account shall be d eposited in
the general fund of the school district.
F. Investment managers appointed pursuant to subsection B of
this section shall maintain a reasonable proportion of liquid assets
in the Oklahoma School Districts Carryover Investment Fund in order
to facilitate any expected withdrawals pursuant to subsection E of
this section. In the event the balance of the Oklahoma School
Districts Carryover Investment Fund is insufficient or the cash
available in the fund is insufficient due to lack of liquid assets
to make the withdrawals requested pursuant to subsection E of this
section, the entire balance available for transfer shall be
available for withdrawal .
SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -200.1, as
amended by Section 1, Chapter 280, O.S.L. 2023 (70 O.S. Supp. 2024,
Section 18-200.1), is amended 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 S tate Aid calculated based on the state
dedicated revenues actually collected during the preceding fiscal
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year, the adjusted assessed valuation of the preceding year, and the
weighted average daily membership for the school district of the
preceding school year. Each school district shall submit the
following data based on the first 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 Department 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 by gr ade level data, pupil
category counts, and transportation supplement data to be used in
the State Aid Formula pursuant to subsection D of this section by
December 1 and by Janua ry 15 shall notify each school district of
the district’s final State Aid allocation for the current school
year. The January payment of State Aid and each subsequent payment
for the remainder of the school year shall be based on the final
State Aid allocation as calculated in subsection D of this section.
Except for reductions mad e 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 the
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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 appropr iated
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 aft er January 1 of
each year is not sufficient to fully fund the final allocations, 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 shall be the sum of the Foundation Aid, the
Salary Incentive Aid, and the Transportation Supplement, as adjusted
pursuant to the provisions of subsection G of this section and
Section 18-112.2 of this title; provided, no district having per
pupil revenue in excess of three hundred percent (300%) of the
average per pupil revenue of all districts shall receive any State
Aid or Supplement in State Aid.
The July calculation of per pupil r evenue 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 payments,
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reimbursements, recovery of overpayments and refunds, unused
reserves, prior expenditures recovered, prior 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 membership (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 recover ed, 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 subtracting 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
nine (9) weeks of the current 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 Found ation Support
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Level. However, for the portion of weighted
membership derived from nonresident, transferred
pupils enrolled in online courses, the Foundation
Program shall be a district’s weighted average daily
membership of the preceding school year or 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 the Ba se
Foundation Support Level.
b. The Foundation Program Income shall be the sum of the
following:
(1) The adjusted assessed valuation of the current
school year of the school dis trict, minus the
previous year protested ad valorem tax revenues
held as prescribed in Section 2884 of Title 68 of
the Oklahoma Statutes, multiplied by the mills
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 Okla homa
Constitution. For purposes of this subsection,
the “adjusted assessed valuation of the current
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school year” shall be the adjusted assessed
valuation on which tax revenues 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 subsection (b) of Section 9 of
Article X of the Oklahoma Constitution, and
(3) motor vehicle collections, and
(4) gross production tax, and
(5) state apportionment, and
(6) R.E.A. tax.
The items listed in divisions (3), (4), (5), and (6)
of this subparagraph shall consist of the amounts
actually collected from such sources during the
preceding fiscal year calculated on a per capita basis
on the unit provided for by law for the distribution
of each such revenue.
2. The Transportation Supplement shall be equal to the average
daily haul times the per 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 school.
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b. The per capita allowance 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
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
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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 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 of the current school year or the
preceding school year of a sc hool 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.
b. Divide the district’s adjusted assessed valuation of
the current school yea r minus the previous year ’s
protested ad valorem tax revenues held as prescribed
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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 this paragraph. The
remainder shall not be less than zero (0).
c. Multiply the number of mills levied for gener al fund
purposes above the fifteen (15) mills required to
support Foundation Aid pursuant to division (1) of
subparagraph b of paragraph 1 of this 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 Education shall
develop and the Department and all school districts s hall have
implemented a student identification system which is consistent with
the provisions of subsections C and D of Section 3111 of Title 74 of
the Oklahoma Statutes. The student identification system shall be
used specifically for the purpose of repo rting enrollment data by
school sites and by school districts, the administration of the
Oklahoma School Testing Program Act, the collection of appropriate
and necessary data pursuant to the Oklahoma Educational Indicators
Program, determining student enro llment, establishing a student
mobility rate, allocation of the State Aid Formu la, and midyear
adjustments in funding for student growth. This enrollment data
shall be submitted to the State Department of Education in
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accordance with rules promulgated by the State Board of Education.
Funding for the development, implementation, personnel training, and
maintenance of the student identification system shall be set out in
a separate line item in the allocation section of the appropriation
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 bankruptcy, clerical
error, or a successful tax protest, and the amount of such taxes
deemed uncollectible excee ds 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 district ’s State Aid,
for the school year that such ad valorem taxes are calculated in the
State Aid Formula, sh all be determined by subtracting the net
assessed valuation of the property upon which taxes were deemed
uncollectible from the assessed valuation of the school district and
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 which taxes were determined
uncollectible.
2. In the event that the amount of funds a school district
receives for reimbursement from the Ad Valorem Reimbursement Fund is
less than the amount of funds claimed for reimbursement by the
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school district due to insufficiency of funds as provid ed 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 Formula shall be
adjusted accordingly.
G. 1. Notwithstanding Except as provided for in paragraph 11
of this subsection and notwithstanding the provisions of Section 18 -
112.2 of this title, a school district shall have its State Aid
reduced by an amount equal to the amount of carryover in the general
fund of the district as of June 30 of the preceding fiscal year,
that is in excess of the following standards for two (2) consecutive
years:
Total Amount of Amount of
General Fund Collections, 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%
$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%
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2. By February 1 the St ate Department of Education shall send
by certified mail, with return receipt requested, to each school
district superintendent, auditor, and regional accreditation officer
a notice of and calculation sheet reflecting the general fund
balance penalty to be assessed against that school district.
Calculation of the general fund balanc e penalty shall not include
federal revenue. Within thirty (30) days of receipt of this written
notice the school district shall submit to the Department a written
reply either accepting or protesting the penalty to be assessed
against the district. If protesting, the school district shall
submit with its reply the reasons for rejecting the calculations and
documentation supporting those reasons. The Department shall review
all school district penalty protest documentation and notify each
district by March 15 of its finding and the final penalty to be
assessed to each district. General fund balance penalties shall be
assessed to all school districts by April 1.
3. Any school district which receives proceeds from a tax
settlement or a Federal Emergency Management Agency settlement
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 solely as a result of receiving funds from the
tax settlement.
4. Any school district which receives an increase in State Aid
because of a change in Foundation and/or Salary Incentive Aid
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factors during the last two (2) months of the preceding fiscal ye ar
shall be exempt from the penalties assessed in this subsection, if
the penalty would occur solely as a result of receiving funds from
the increase in State Aid.
5. If a school district does not receive Foundation and/or
Salary Incentive Aid during the preceding fiscal year, the State
Board of Education may waive the penalty asses sed in this subsection
if the penalty would result in a loss of more than forty percent
(40%) of the remaining State Aid to be allocated to the school
district between April 1 a nd 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 production revenue
apportionment during the 2002 -2003 school year or in any subsequent
school year that is greater than the gross producti on revenue
apportionment of the preceding school year shall be exempt from the
penalty assessed in this subsection, if the penalty would occur
solely as a result of the gross pr oduction 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 Consolidation and Annexation Act s hall be exempt
from the penalty assessed in this subsection for the school year in
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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 municipali ty 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 Title 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 solel y as a result of receiving funds from the
sales tax levy.
9. Any school district which has an amount of carryover in the
general fund of the district in excess of the limits es tablished in
paragraph 1 of this subsection during the fiscal years beginning
July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall
not be assessed a general fund balance penalty as provided for in
this subsection.
10. For purposes of calculat ing the general fund balance
penalty, the terms “carryover” and “general fund balance” shall not
include federal revenue or any withdrawal from the Oklahoma School
Districts Carryover Investment Fund created pursuant to Section 1 of
this act.
11. Any carryover deposited in the Oklahoma School Districts
Carryover Investment Fund created pursuant to Section 1 of this act
shall not be included in the amount of carryover for the purpose of
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calculating a reduction in State Aid pursuant to paragraph 1 of this
subsection.
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 to the State Department of Education no later
than September 15 of each year and advanced funding shall be awarded
to the approved districts no later than October 30. The advanced
funding shall not exceed the per pupil amou nt of State Aid as
calculated in subsection D of this section per anticipated H ead
Start eligible student. The 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 Oklahoma 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 collectio ns,
c. R.E.A. tax collected, and
d. gross productions tax collected.
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2. Beginning July 1, 1997, the State Auditor and Inspector ’s
Office, notwithstanding any provision of law t o the contrary, shall
report monthly to the State Department of Education the monthly
apportionment of the proceeds 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 contrary, shall report
monthly to the State Department of Education the ad valorem tax
protest amounts for each county.
5. The information reported by the 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 a school district on forms developed by th e
State Department of Education.
SECTION 3. This act shall become effective November 1, 2025.
60-1-94 QD 1/16/2025 3:28:37 PM