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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 698 By: Pugh
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 18-113.1, 18-113.2, 18-113.3, and 18-113.4,
which relate to class size limitati ons; modifying
date after which penalties are to be applied for
exceeding certain class size limitations; modifying
classes that are not subject to class size
limitations; removing ability for State Board of
Education to set certain date; updating statutor y
language; 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 -113.1, is
amended to read as follows:
Section 18-113.1. A. The provisions of this subsection shall
apply only to grades one through three.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a t eacher or to a class
that includes more than twenty (20) students.
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2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the clas s size
limitation and penalty shall not apply if:
a. the creation of an additional class would cause a
class to have fewer than ten (10) students ;, and
b. a teacher’s assistant, as defined in Section 6 -127 of
this title, is employed to serve with each teac her in
a class that exceeds the class size limitation
provided for in this sub section.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks October 1 of the
each school year.
Any school district found to be in violation of the provisions
of this subsection shall receive a penalty in the State Aid formula
as a reduction to State Aid to be determined as follows:
a. Multiply multiply each pupil in excess of the class
size membership limit as provided in this su bsection
by the grade level weight and by the Base Foundation
Support Level for the current school year, and
b. Multiply multiply each pupil in excess of the class
size membership limit as provided in this subsection
by the grade level weight and by the Salary Incentive
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Aid guarantee for the current school year times twenty
(20), and
c. Sum sum the products of subparagraphs a and b of this
paragraph.
B. The provisions of this sub section shall apply only to grades
four through six.
1. Except as otherwise p rovided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state -appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if the creation of an
additional class would cause a class to have fewer than sixteen (16)
students.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks October 1 of the
each school year.
4. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follow s:
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a. Multiply multiply each pupil in excess of the class
size membership limi t as provided in this subsection
by the grade level weight and by the Base Foundation
Support Level for the current school year, and
b. Multiply multiply each pupil in excess of the class
size membership limit as provided in this subsection
by the grade level weight and by the Salary Incentive
Aid guarantee for the current school year times twenty
(20), and
c. Sum sum the products of subparagraphs a and b of this
paragraph.
C. Classes in under the following subjects subject code
umbrellas shall not be subject to the class size limitations
provided for in subsections A and B of this section:
1. Physical education; and
2. Chorus, band, orchestra and similar music classes Fine arts;
3. Careers/exploration; and
4. Library science.
D. If a school district groups its grades as grades one through
five, grades six through eight, and grades nine through twelve, then
as to such district the provisions of subsection B of this section
shall apply to grades four and five rather than grades four through
six, and the provisions of Section 18 -113.3 of this title shall
apply to grades six through twelve.
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E. Any violations of the provisions of this section shall
result in denial of accreditatio n in accordance with the
requirements of Section 3 -104.4 of this title.
F. Any school district which at the beginning of the school
year does not have sufficient classrooms to meet the class size
limitation provided for in this section as determined by gu idelines
established by the State Board of Education shall not be penalized
for failure to meet the class size limitations provided for in this
section if:
a. the
1. The school district has voted indebtedness, at any time
within the five (5) years precedi ng the year the district exceeds
the class size limitations or during the year the district exceeds
the class size limitations, through the issuance of bonds or
approval by voters of issuance of new bonds for more than eighty -
five percent (85%) of the maxi mum allowable pursuant to the
provisions of Section 26 of Article X of the Okl ahoma Constitution
as shown on the school district budget filed with the State
Equalization Board of Equalization for the current school year and
certifications by the Attorney G eneral prior to February 1 of the
current school year; and
b. on
2. On the date of filing of the school district budget with the
State Equalization Board of Equalization, the school district is
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voting the maximum millage allowable for the support, mainten ance,
and construction of schools as provided for in subsections (a), (c),
(d), and (d-1) of Section 9 of Article X of the Oklahoma
Constitution and Section 10 of Article X of the Oklahoma
Constitution.
G. Any school district which exceeds the class size limitations
as set forth in this section shall submit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to
comply with this section.
H. School districts which receive state-appropriated funds
pursuant to the provisions of Section 1 8-112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 18 -113.2, is
amended to read as follows:
Section 18-113.2. A. The provisions of this section shall
apply only to kindergarten.
1. No child shall be included in the a verage daily membership
of a school district for the purpose of computing and paying state-
appropriated funds if that child is regularly assigned to a teacher
or to a class that includes more than twenty (20) students.
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2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if:
a. the creation of an additional class would cause a
class to have fewer than ten (10) students ;, and
b. a teacher’s assistant, as defined in Section 6-127 of
this title, is employed to serve with each teacher in
a class that exceeds the class size limitation
provided for in this subsection.
3. No school district shall be penalized for exceeding class
size limitations set forth in thi s section if the limitations are
exceeded beginning after the first nine (9) weeks October 1 of the
each school year.
4. Any school district which at the beginning of the school
year does not have sufficient classrooms to meet the class size
limitation provided for in this section as determined by guidelines
established by the Stat e Board of Education shall not be penalized
for failure to meet the class size limitations provided for in this
section if:
a. the school district has voted indebtedness, at any
time within the five (5) years preceding the year the
district exceeds the class size limitations or during
the year the district exceeds the class size
limitations, through the issuance of bonds or approval
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by voters of issuance of new bonds for more than
eighty-five percent (85%) of the maximum allowable
pursuant to the provisions of Section 26 of Article X
of the Oklahoma Constitution as shown on the school
district budget filed with the State Equalization
Board of Equalization for the current school yea r and
certifications by the Attorney General prior to
February 1 of the current school year ;, and
b. on the date of filing of the school district budget
with the State Equalization Board of Equalization, the
school district is voting the maximum millage
allowable for the support, maintenance , and
construction of schools as provided for in subsections
(a), (c), (d), and (d-1) of Section 9 of Article X of
the Oklahoma Constitution and Section 10 of Article X
of the Oklahoma Constitution.
5. Any school distri ct found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply multiply each pupil in excess of the class
size membership limit as provi ded in this subsection
by the grade level weight and by the Base Foundation
Support Level for the current school year, and
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b. Multiply multiply each pupil in excess of the class
size membership limit as provided in this subsection
by the grade level weight and by the Salary Incentive
Aid guarantee for the current school year times twenty
(20), and
c. Sum sum the products of subparagraphs a and b of this
paragraph.
B. Any violations of the provisions of this section shall
result in denial of accreditation i n accordance with the
requirements of Section 3 -104.4 of this title.
C. School districts which receive state -appropriated funds
pursuant to the provisions of Section 18 -112.2 of this title and do
not comply with the provisions of this section shall be sub ject to
loss of State Aid for each child in excess of the class size
limitations specified in this section.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 18 -113.3, is
amended to read as follows:
Section 18-113.3. A. Class size, as used in Section 18-113.1
and Section 18-113.2 of this title, shall be determi ned by the
average daily membership divided by the full -time equivalency of the
instructional staff assigned to each grade level by site. Full -time
equivalency of special educat ion teachers, Chapter 1 teachers, and
teachers of classes not subject to class size limitations and the
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average daily membership of self -contained special education classes
shall not be counted in class size computation.
B. As used in this section, self -contained special education
classes are those classes whose students attend the same class for
three (3) or more class periods and who have individualized
education plans.
C. Beginning with the 1996 -97 school year and each school year
thereafter, no teache r who is counted in class size count for grades
seven through twelve shall be responsible for the instruction of
more than one hundred forty (140) students on any given six -hour
school day. Class size count shall be taken during the month of
October of each school year on a date set by the State Board of
Education on October 1. If the class size count is in excess of the
limits set forth in this subsection, the school district shall be
subject to the penalties provided for in this section.
D. Students within a class which is not subject to class size
limitations pursuant to subsection D of Section 18 -113.1 of this
title shall not be counted for purposes of the limitations set forth
in subsection C of this section.
E. No school district shall be penalized for exceeding class
size limitations set forth in this section if the limitat ions are
exceeded beginning after the first nine (9) weeks October 1 of the
each school year.
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F. The first year that a school district exceeds the class size
membership limitation as established and computed in subsection C of
this section, the district shall receive as a penalty a reduction in
the State Aid for the district. For each child in excess of the
class size limitation, the reduction in State Aid to the district
shall be determined as follows:
1. Multiply the averaged number of the October 1 class size
count of pupils which is in excess of the class size membership
limit as provided for in subsection C of this section by the grade
weight and by the Base Foundation Supp ort Level for the current
school year;
2. Multiply the averaged number of the October 1 class size
count of pupils which is in excess of the class size membership
limit as provided for in subsection C of this section by the grade
level weight and by the Salary Incentive Aid guarantee for the
current school year times twenty (20); a nd
3. Sum the products of paragraphs 1 and 2 of this subsection.
G. If a school district exceeds the class size membership
limitation as established and computed in subsection C of this
section for two (2) consecutive years, the district shall receive as
a penalty denial of accreditation in accordance with the
requirements of Section 3 -104.4 of this title.
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H. For the purpose of determining whether a penalty for
exceeding class size limitations shall apply, a federally funded
bilingual assistant shall not qualify as a teacher ’s assistant.
I. Any school district which at the beginning of the school
year does not have sufficient classrooms to meet the class size
limitation provided for in this section as determined by guidelines
established by the State Board of Education shall not be penalized
for failure to meet the class size limitations provided for in this
section if:
1. The school district has voted indebtedness, at any time
within the five (5) years preceding the year the district exceeds
the class size limitations or during the year the district exceeds
the class size limitations, through the issuance of bonds or
approval by voters of issuance of new bonds for more than eig hty-
five percent (85%) of the maximum allowable pursuant to the
provisions of Section 26 of Article X of the Oklahoma Constitution
as shown on the school district budget filed with the State
Equalization Board of Equalization for the current school year an d
certifications by the Attorney General prior to February 1 of the
current school year; and
2. On the date of filing of the school district budget with the
State Equalization Board of Equalization, the school district is
voting the maximum millage allowa ble for the support, maintenance ,
and construction of schools as provided for in subsections (a), (c),
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(d), and (d-1) of Section 9 of Article X of the Oklahoma
Constitution and Section 10 of Article X of the Oklahoma
Constitution.
J. Any school district w hich exceeds the class size limitations
as set forth in this section shall sub mit a written report to the
State Board of Education, on or before July 1 of each year, setting
forth the procedures that the district will follow in order to
comply with this section.
K. School districts which receive state -appropriated funds
pursuant to the provisions of Section 18 -112.2 of this title and do
not comply with the provisions of this section shall be subject to
loss of State Aid for each child in excess of the clas s size
limitations as specified in this section.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 18 -113.4, is
amended to read as follows:
Section 18-113.4. A. Beginning with the 1997 -98 school year,
the penalties for exceeding class size limitations established in
Sections 18-113.1, 18-113.2, and 18-113.3 of this title shall not
apply if the class size limitations, as set forth in said such
sections, are exceeded beginning after the first nine (9) weeks
October 1 of the each school year. If the class size limitations
are exceeded during the first nine (9) wee ks prior to October 1 of
any school year, the penalties shall apply.
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B. For the purposes of calculating class size penalties
established in Sections 18 -113.1, 18-113.2, and 18-113.3 of this
title, school districts shall use only the full -time-equivalency of
the instructional staff who are under contract to work the full
school year in question.
C. Beginning July 1, 2003, school districts that participate in
consolidation or anne xation pursuant to the provisions of the
Oklahoma School Voluntary Consolidation and Annexation Act shall be
exempt from the provisions of Sections 18 -113.1, 18-113.2, and 18-
113.3 of this title for the year in which the consolidation or
annexation occurs and for the next five (5) fiscal years.
SECTION 5. This act shall become effective July 1, 2025.
SECTION 6. 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 and
be in full force from and after its passage and approval.
60-1-1364 EB 1/15/2025 9:42:29 AM