1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2009 By: Davis
4
5
6 AS INTRODUCED
7 An Act relating to schools; amending 70 O.S. 2021,
Section 3-104.4, which relates to standards for
8 accreditation; modifying date to provide report on
statewide class sizes; amending 70 O.S. 2021,
9 Sections 18-113.1 and 18-113.2, which relate to class
size limitations; decreasing certain class size
10 limits; raising certain class size limits; providing
stipend for teachers with classes that fail to comply
11 with class size limitations; providing for
codification; providing an effective date; and
12 declaring an emergency.
13
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-104.4, is
17 amended to read as follows:
18 Section 3-104.4 A. The State Board of Education shall adopt
19 standards for the accreditation of the public schools in this state
20 according to the requirements of Section 3-104.3 et seq. of this
21 title, to be effective as set forth in Section 3-104.3 et seq. of
22 this title. The accreditation standards shall incorporate the
23 curricular standards established pursuant to Section 11-103.6 of
24 this title. The accreditation standards shall equal or exceed
Req. No. 5117 Page 1
1 nationally recognized accreditation standards to the extent that the
2 standards are consistent with an academic results oriented approach
3 to accreditation. The accreditation adopted by the State Board
4 shall encompass accreditation for elementary schools, middle
5 schools, junior high schools, and high schools. The accreditation
6 standards shall be made available for public inspection at the
7 offices of the State Department of Education.
8 B. Standards for accreditation adopted by the State Board of
9 Education shall include standards relating to the provision of
10 school counselors to the public school children of this state. The
11 State Board of Education shall require each local school district to
12 provide information regarding the number of counselors serving each
13 school site, the duties of all such counselors including all
14 administrative duties, the number of students served by each
15 counselor, and information regarding the number of counselors
16 employed per elementary school, middle school, junior high school
17 and high school.
18 C. Except as otherwise provided, schools shall meet the
19 accreditation standards as a condition of continued accreditation.
20 Nothing herein shall be construed as preventing changes to the
21 adopted standards by the State Board of Education pursuant to the
22 Administrative Procedures Act. The accreditation standards shall
23 provide for warnings, probation or nonaccredited status for schools
24 that fail to meet the standards. The Department shall investigate a
Req. No. 5117 Page 2
1 complaint of failure to provide educational services or failure to
2 comply with accreditation standards within thirty (30) days of
3 receiving the complaint. If the Department determines that a school
4 has failed to comply with the accreditation standards, the
5 Department shall report the recommended warning, probation or
6 nonaccredited accreditation status to the State Board of Education
7 within ninety (90) days. If a school does not take action to comply
8 with the accreditation standards within ninety (90) days after a
9 report is filed by the Department, the Board shall withdraw
10 accreditation for the school. The State Board accreditation
11 regulations shall provide for warnings and for assistance to schools
12 and school districts whenever there is reason to believe a school is
13 in danger of losing its state accreditation.
14 D. If one or more school sites fail to receive accreditation as
15 required pursuant to this section or subsequently lose
16 accreditation, the State Board of Education shall close the school
17 and reassign the students to accredited schools within the district
18 or shall annex the district to one or more other districts in which
19 the students can be educated in accredited schools.
20 E. Standards for accreditation adopted by the State Board of
21 Education shall include standards relating to the provision of
22 educational services provided in partial hospitalization programs,
23 day treatment programs, day hospital programs, residential treatment
24 programs and emergency shelter programs for persons between the ages
Req. No. 5117 Page 3
1 of three (3) and twenty-one (21) years of age. The accreditation
2 standards shall apply to on-site and off-site educational services
3 provided by public school districts or state-accredited private
4 schools. Each school which is providing or is required to provide
5 educational services for students placed in a program as described
6 in this subsection shall be actively monitored by the State
7 Department of Education. The Department shall determine on an
8 ongoing basis if the educational program and services are in
9 compliance with the accreditation standards.
10 F. The State Board shall provide assistance to districts in
11 considering the possibility of meeting accreditation requirements
12 through the use of nontraditional means of instruction. The State
13 Board shall also assist districts in forming cooperatives and making
14 arrangements for the use of satellite instruction or other
15 instructional technologies to the extent that use of such
16 instructional means meets accreditation standards.
17 G. 1. Accreditation shall not be withdrawn from or denied nor
18 shall a penalty be assessed against a school or school district for
19 failing to meet the media materials and equipment standards, media
20 program expenditure standards and media personnel standards as set
21 forth in the accreditation standards adopted by the Board.
22 2. The provisions of paragraph 1 of this subsection shall cease
23 to be effective during the fiscal year which begins on the July 1
24 immediately succeeding the legislative session during which the
Req. No. 5117 Page 4
1 measure appropriating monies to the State Board of Education for the
2 financial support of public schools is enacted as law and such
3 appropriation amount is at least Fifty Million Dollars
4 ($50,000,000.00) greater than the amount of money appropriated to
5 the State Board of Education for the financial support of public
6 schools for the fiscal year ending June 30, 2019, pursuant to
7 Chapter 146, O.S.L. 2018. Provided, the Fifty Million Dollars
8 ($50,000,000.00) shall not include any amount of appropriations
9 dedicated for support or certified employee salary increases.
10 Accreditation shall not be withdrawn from or denied nor shall a
11 penalty be assessed against a school or school district for failing
12 to meet the media personnel standards as set forth in accreditation
13 standards adopted by the Board.
14 H. 1. The State Board shall not assess a financial penalty
15 against any school district which is given a deficiency in
16 accreditation status during any fiscal year as provided for in this
17 subsection.
18 2. Beginning with the fiscal year which begins July 1, 2021, if
19 the amount of money appropriated to the State Board of Education for
20 the financial support of public schools including funds apportioned
21 pursuant to Section 2 of this act, is at least One Hundred Million
22 Dollars ($100,000,000.00) greater than the amount of money
23 appropriated to the State Board of Education for the financial
24 support of public schools for the fiscal year ending June 30, 2019,
Req. No. 5117 Page 5
1 pursuant to Chapter 146, O.S.L. 2018, a financial penalty shall be
2 assessed against any school districts that do not comply with the
3 class size limitations for kindergarten as provided for in Section
4 18-113.2 of this title and class size limitations for grade one as
5 provided for in subsection A of Section 18-113.1 of this title.
6 Provided, the One Hundred Million Dollars ($100,000,000.00) shall
7 not include any amount of appropriations dedicated for support or
8 certified employee salary increases.
9 3. The State Department of Education shall submit a report on
10 statewide classroom class sizes to the President Pro Tempore of the
11 Oklahoma State Senate and the Speaker of the Oklahoma House of
12 Representatives no later than January 1, 2022 2024, and for each
13 year thereafter.
14 I. Except as provided for in subsection J of this section,
15 beginning with the 2019-2020 school year, evaluations of schools to
16 determine whether they meet the accreditation standards set forth in
17 accordance with this section shall occur once every four (4) years
18 on a schedule adopted by the State Board of Education. The Board
19 may interrupt the evaluation schedule provided in this subsection
20 for reasons including a change in the superintendent of the school
21 district; determination that one or more school district board
22 members have not met the continuing education requirements as
23 defined by this title; determination that the school district
24 falsified information submitted to any public city, county, state or
Req. No. 5117 Page 6
1 federal official or agency; initiation of an investigation by the
2 Board or a law enforcement agency; or other determination by the
3 Board that standards for accreditation are not being met by the
4 school district. The schedule adopted by the Board shall allow for
5 school districts receiving no deficiencies for two (2) consecutive
6 years to be reviewed for accreditation less than annually.
7 Provided, however, that schools shall be evaluated annually for the
8 purposes of:
9 1. Local, state and federal funding;
10 2. Health and safety;
11 3. Certification requirements for teachers, principals and
12 superintendents;
13 4. School board governance, including instructional and
14 continuing education requirements for school board members; and
15 5. Any other requirements under state or federal law.
16 J. Beginning with the 2019-2020 school year, if a public school
17 receives a deficiency on its accreditation report, the public school
18 shall be evaluated annually to determine if it meets the
19 accreditation standards set forth in accordance with this section.
20 If the public school receives no deficiencies for two (2)
21 consecutive years, the public school shall be subject to the
22 evaluation timeline established in subsection I of this section.
23 SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-113.1, is
24 amended to read as follows:
Req. No. 5117 Page 7
1 Section 18-113.1 A. The provisions of this subsection shall
2 apply only to grades one through three.
3 1. Except as otherwise provided for in this section, no child
4 shall be included in the average daily membership of a school
5 district for the purpose of computing and paying state-appropriated
6 funds if that child is regularly assigned to a teacher or to a class
7 that includes more than twenty (20) eighteen (18) students.
8 2. If a class or classes in a grade exceed the class size
9 limitation provided for in this subsection, the class size
10 limitation and penalty shall not apply if:
11 a. the creation of an additional class would cause a
12 class to have fewer than ten (10) students;, and
13 b. a teacher's assistant, as defined in Section 6-127 of
14 this title, is employed to serve with each teacher in
15 a class that exceeds the class size limitation
16 provided for in this subsection.
17 3. No school district shall be penalized for exceeding class
18 size limitations set forth in this subsection if the limitations are
19 exceeded beginning after the first nine (9) weeks of the school
20 year.
21 4. Any school district found to be in violation of the
22 provisions of this subsection shall receive a penalty in the State
23 Aid formula as a reduction to State Aid to be determined as follows:
24
Req. No. 5117 Page 8
1 a. Multiply multiply each pupil in excess of the class
2 size membership limit as provided in this subsection
3 by the grade level weight and by the Base Foundation
4 Support Level for the current school year, and
5 b. Multiply multiply each pupil in excess of the class
6 size membership limit as provided in this subsection
7 by the grade level weight and by the Incentive Aid
8 guarantee for the current school year times twenty
9 (20), and
10 c. Sum sum the products of subparagraphs a and b of this
11 paragraph.
12 B. The provisions of this subsection shall apply only to grades
13 four through six.
14 1. Except as otherwise provided for in this section, no child
15 shall be included in the average daily membership of a school
16 district for the purpose of computing and paying state-appropriated
17 funds if that child is regularly assigned to a teacher or to a class
18 that includes more than twenty (20) twenty-two (22) students.
19 2. If a class or classes in a grade exceed the class size
20 limitation provided for in this subsection, the class size
21 limitation and penalty shall not apply if the creation of an
22 additional class would cause a class to have fewer than sixteen (16)
23 students.
24
Req. No. 5117 Page 9
1 3. No school district shall be penalized for exceeding class
2 size limitations set forth in this subsection if the limitations are
3 exceeded beginning after the first nine (9) weeks of the school
4 year.
5 4. Any school district found to be in violation of the
6 provisions of this subsection shall receive a penalty in the State
7 Aid formula as a reduction to State Aid to be determined as follows:
8 a. Multiply multiply each pupil in excess of the class
9 size membership limit as provided in this subsection
10 by the grade level weight and by the Base Foundation
11 Support Level for the current school year, and
12 b. Multiply multiply each pupil in excess of the class
13 size membership limit as provided in this subsection
14 by the grade level weight and by the Incentive Aid
15 guarantee for the current school year times twenty
16 (20), and
17 c. Sum sum the products of subparagraphs a and b of this
18 paragraph.
19 C. Classes in the following subjects shall not be subject to
20 the class size limitations provided for in subsections A and B of
21 this section:
22 1. Physical education; and
23 2. Chorus, band, orchestra and similar music classes.
24
Req. No. 5117 Page 10
1 D. If a school district groups its grades as grades one through
2 five, grades six through eight, and grades nine through twelve, then
3 as to such district the provisions of subsection B of this section
4 shall apply to grades four and five rather than grades four through
5 six, and the provisions of Section 18-113.3 of this title shall
6 apply to grades six through twelve.
7 E. Any violations of the provisions of this section shall
8 result in denial of accreditation in accordance with the
9 requirements of Section 3-104.4 of this title.
10 F. Any school district which at the beginning of the school
11 year does not have sufficient classrooms to meet the class size
12 limitation provided for in this section as determined by guidelines
13 established by the State Board of Education shall not be penalized
14 for failure to meet the class size limitations provided for in this
15 section if:
16 a. the school district has voted indebtedness, at any
17 time within the five (5) years preceding the year the
18 district exceeds the class size limitations or during
19 the year the district exceeds the class size
20 limitations, through the issuance of bonds or approval
21 by voters of issuance of new bonds for more than
22 eighty-five percent (85%) of the maximum allowable
23 pursuant to the provisions of Section 26 of Article X
24 of the Oklahoma Constitution as shown on the school
Req. No. 5117 Page 11
1 district budget filed with the State Equalization
2 Board for the current school year and certifications
3 by the Attorney General prior to February 1 of the
4