Req. No. 261 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 60th Legislature (2025) SENATE BILL 240 By: Pugh AS INTRODUCED An Act relating to school funding; amending 70 O.S. 2021, Sections 18-107, 18-200.1, as amended by Section 1, Chapter 280, O.S.L. 2023 , and 18-201.1, as amended by Section 2, Chapter 280, O.S.L. 2023 (70 O.S. Supp. 2024, Section s 18-200.1 and 18-201.1), which relate to the allocation of State Aid; removing certain definition; modifying calculation of State Aid beginning in certain school year; increasing percentage of certain funds to be retained; modifying calculation of Foundation Program Income; modifying calculation of Salary Incentive Aid; removing language directing the State Department of Education to develop certain student identificatio n system; removing language providing for calculation of uncollectible ad valorem taxes; removing language providing for calculation of insufficient reimbursements from the Ad Valorem Reimbursement Fund; removing outdated language; modifying information to be reported monthly by the Oklahoma Tax Commission; removing requirement for reporting of certain county levy apportionment; removing requirement for reporting of certain ad valorem tax protest amounts; updating statutory language; updating statutory references; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 18 -107, is amended to read as follows: Section 18-107. As used in this title: Req. No. 261 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 1. “Average Daily Attendance ” “Average daily attendance ” (ADA) means the legal average number of pupils, early childhood education programs through grade twelve, in a school district during a school year as determined pursuant to the provisions of Section 18-111 of this title. A day of school for early childhood education programs and kindergarten shall be at least two and one -half (2 1/2) hours and, for early childhood education, may be six (6) hours .; 2. “Average Daily Membership ” “Average daily members hip” (ADM) means the average number of pupils present and absent in a school district during a school year. Average Daily Membership daily membership shall be calculated by dividing the sum of the pupil ’s total days present and total days absent by the nu mber of days taught. a. A pupil who has been absent without excuse ten (10) consecutive days shall be taken off the roll beginning the eleventh day and thereafter shall not be considered in a district ’s average daily membership ADM calculation until the pu pil is placed on the roll in the district. For the purpose of this paragraph subparagraph, consecutive days means days for which enrollment is recorded. b. A pupil enrolled in a statewide virtual charter school who is behind pace and has not completed ins tructional activity as defined by Section 3 -145.8 of this title Req. No. 261 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 for a fifteen-school-day period, without excuse as authorized by Section 10 -105 of this title, shall be taken off the roll beginning the sixteenth day and thereafter shall not be considered in the virtual charter school’s Average Daily Membership ADM calculation until the pupil is placed on the roll in the virtual charter school .; and 3. “Total Adjusted Assessed Valuation ” means the sum of public service property assessed valuation, personal p roperty assessed valuation and real property assessed valuation as adjusted pursuant to the provisions of Section 18 -109.1 of this title. 4. “Eighty-five percent (85%) of maximum allowable ”, for the purpose of assessing class size penalty pursuant to Sect ions 18- 113.1 and 18-113.2 of this title, means eighty -five percent (85%) of ten percent (10%) of the preceding year ’s net assessed valuation of a school district. The calculation of indebtedness as provided for in paragraph a of subsection G F of Section 18-113.1 and subparagraph a of paragraph 4 of subsection A of Section 18 -113.2 of this title shall include the outstanding principal amount of bonds issued by the school district plus the principal amount of any bonds authorized by a vote of the people fo r issuance but not yet issued by the school district. Req. No. 261 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 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 2026-2027 school year, and each school year thereafter, each school district shall have its initial allocation of State Aid calculated based on the ad valorem tax and state dedicated revenues actually coll ected during the preceding fiscal year , the adjusted assessed valuation of the preceding year, and the weighted average daily membership (ADM) 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 Stat e 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 en rollment by grade 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 January 15 shall notify each school district of Req. No. 261 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 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 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 the 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%) four percent (4%) of the total funds appropriated for financial support of schools, to be u sed 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%) four percent (4%) retained, remaining after 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 amo unt 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 E of this section and Req. No. 261 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 Section 18-112.2 of this title; p rovided, no district having per pupil revenue in excess of three hundred perce nt (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 revenue shall be determined by dividing the district ’s second preceding year ’s total weighted average daily membership (ADM) into the district’s second preceding year’s total revenues excluding federal revenue, insurance loss payments, reimbursements, recovery of overpayments and ref unds, 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 recovered, prior year surpl uses, and less the amount of any transfer fees paid in that year. D. For the 1997-98 2026-2027 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. Req. No. 261 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 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 Foundation Support 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 Base 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 district, min us the previous year protested ad valorem tax revenues Req. No. 261 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 held as prescribed in S ection 2884 of Title 68 of the Oklahoma Statutes, multiplied by the mills levied the amount of ad valorem tax collections received by the school district from the proceeds of the levy during the preceding fiscal year, as 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 revenues are collected during the current school year , and (2) Seventy-five 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. Req. No. 261 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 items listed in divisions (1), (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 li ve one and one-half (1 1/2) miles or more from school. 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 Req. No. 261 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 .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 .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. Req. No. 261 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 3. Salary Incentive Aid shall be de termined 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 school district, as determined by the pro visions 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 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 this paragraph. The remainder shall not be less than zero (0) Subtract the amount received by the school district from the proceeds of the levy durin g the preceding fiscal year, as levied pursuant to subsection (c) of Section 9 of Article X of the Oklahoma Constitution above the fifteen (15) mills required to support Foundati on Aid pursuant to division (1) of subparagraph b of paragraph 1 of this subsection, not including the county four-mill levy, by the product of subparagraph Req. No. 261 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 a of this paragraph. The remainder shall not be less than zero and shall be the Salary Incentive A id of the district. 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 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 shall 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 reporting enrol lment 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 enrollment, est ablishing a student mobility rate, allocation of the State Aid Formula, and mi dyear adjustments in funding for student growth. This enrollment data shall be submitted to the State Department of Education in accordance with rules promulgated by the State B oard of Education. Req. No. 261 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 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 Ed ucation 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 exceeds Fifty Th ousand 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 th at such ad valorem taxes are calculated in the State Aid Formula, shall be det ermined 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 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 Secti on Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 193 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 the provisions o f 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 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% 2. By February 1 the State Department of Education shall send by certified mail, with return receipt requested, to each school district superintendent, auditor, and regional accreditation officer Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a notice of and calculation sheet reflecting the general fund balance penalty to be assessed against that school district. Calculation of the general fund balance 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 i ts finding and the final penalty to be assessed to each district. General fun d 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 Aid 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 Req. No. 261 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 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 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 Aid and/or Salary Incentive Aid during the preceding fiscal year, the State Board of Education may waive the penalty assesse d 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 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 production 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 the 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 Consolidation and Annexation Act shall be exempt from the penalty assessed in this subsection for the school year i n which the consolidation or annexation occurs and for the next three (3) fiscal years. Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 fr om 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 solely 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 established 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. 9. For purposes of calculating the general fund balance penalty, the terms “carryover” and “general fund balance” shall not include federal revenue. H. F. 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 Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 funding shall not exceed the per pupil amount of State Aid as calculated in subsecti on D of this section per anticipated Head 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. G. 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 th e monthly apportionment of the following information: a. the assessed valuation of property ad valorem tax collections, b. motor vehicle collections, c. R.E.A. tax collected, and d. gross productions tax collected. 2. Beginning July 1, 1997, the State Aud itor and Inspector’s Office, notwithstanding any provision of law to 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. Req. No. 261 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 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. Beginning July 1, 1997, the county treasurers ’ offices, notwithstanding any p rovision of law to the contrary, shall report monthly to the State Department of Education the ad valorem tax protest amounts for each county. 5. 3. The information reported by the Tax Commission, the State Auditor and Inspector ’s Office of the State Auditor and Inspector, the county treasurers ’ offices, and the Commissioners of th e Land Office, pursuant to this subsection shall be reported by a school district on forms developed by the State Department of Education. SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -201.1, as amended by Section 2, Chapter 280, O.S.L. 2023 (70 O.S. Supp. 2024, 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 membership of a school district for calculation of Foundation A id 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 of the weighted pupil grade level calcul ation, the weighted pupil Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 category calculation, the weighted district calculation, and the weighted teacher experience and degree calculation. B. Beginning with the 2022 -2023 school year, the weighted calculations provided for in subsection A of this section shall be based on the higher weighted average daily membership (ADM) of the first 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 weighted 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%) decreas e in average daily membership from the preceding school year to the average da ily membership 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 th e highest average daily membership and Req. No. 261 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 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 the pupils accordi ng 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 t he weighted pupil grade level calculation for a school district. 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 students 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. 261 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 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 a ny 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 Impairment .05 k. Bilingual .25 l. Special Education Summer Program 1.2 m. Economically Disadvantaged .3 Req. No. 261 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 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 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 weighted 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 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 percent (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. Req. No. 261 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 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 school district for both the small school district formula and the district sparsity - isolation formula, applying whicheve r is the 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: 750 minus the average daily membership divided by 750 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 750 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 weighte d 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 consolidated 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 unless t he district can satisfy the specifications herein. Subject to the provisions of subparagraph c of this paragraph, the Req. No. 261 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 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 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 square miles. The district sparsity - isolation formula calc ulation shall be calculated as follows: The school district student cost factor 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 this paragraph, the resulting number shall be counted as addition al students for the purpose of calculating State Aid. The school district student cost factor shall be calculated as follows: Req. No. 261 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 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 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 quotient. Req. No. 261 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 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 cos t factor shall be calculated as follows: Subtract the state average district a rea from the district area, then divide the remainder by the state average district area; however, the district area cost factor shall not exceed one (1.0). The State Board of Ed ucation shall define geographical barriers whose location in a school district would inhibit the district from consolidation or annexation. The Board shall make available an application process, review applications, and for 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 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 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 stat e average per pupil revenue, then the district’s State Aid shall be reduced by Req. No. 261 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 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 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 Aid which was generated by the weigh ted 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 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 the amount received by the school district from ad valorem tax collections for the preceding calendar year times thirty-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 Req. No. 261 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 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 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 cu rrent 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 current year State Aid Formula, net assessed valuation the amount received by the school district from ad valorem tax collections for the current calendar preceding fiscal 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 preceding year of state apportionment, motor vehicle revenue, gross productio n 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, Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 insurance loss payments, reimbursements, recovery of overpayments and refunds, unus ed reserves, prior expenditures recovered, prior 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 Education 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 for each school district shall be determined by subtracting the weighte d average state teacher 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 Req. No. 261 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 calculation provided in paragr aph 1 of this subsection and the weighted pupil category calculation provided in subparagraph m of paragraph 2 of this subsection to determine the weighted teacher experience and degree calculation. SECTION 4. This act shall become effecti ve November 1, 2025. 60-1-261 EB 12/30/2024 5:20:06 PM