1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2677 By: Baker
4
5
6 AS INTRODUCED
7 An Act relating to schools; amending 70 O.S. 2021,
Sections 18-109.5 and 18-201.1, which relate to State
8 Aid; eliminating term; adding definition for English
language learner; requiring certain annual assessment
9 to confirm student meets definition; modifying
weighted pupil category for calculating State Aid;
10 providing an effective date; and declaring an
emergency.
11
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-109.5, is
16 amended to read as follows:
17 Section 18-109.5 A. As used in Section 18-201.1 of this title:
18 1. "Visual impairment" means an impairment in vision that, even
19 with correction, adversely affects a child's educational
20 performance. This includes both partial sight and blindness;
21 2. "Specific learning disability" means a disorder in one or
22 more of the basic psychological processes involved in understanding
23 or in using language, spoken or written, that may manifest itself in
24 the imperfect ability to listen, think, speak, read, write, spell or
Req. No. 6019 Page 1
1 to do mathematical calculations, including conditions such as
2 perceptual disabilities, brain injury, minimal brain dysfunction,
3 dyslexia and developmental aphasia. The term does not include
4 learning problems that are primarily the result of visual, hearing
5 or motor disabilities, of intellectual disability, of emotional
6 disturbance or of environmental, cultural or economic disadvantage;
7 3. "Deafness" means a hearing impairment that is so severe that
8 the child is impaired in processing linguistic information through
9 hearing, with or without amplification, that adversely affects a
10 child's educational performance;
11 4. "Economically disadvantaged" means all children who qualify
12 for free or reduced lunches;
13 5. "Intellectual disability" means significantly subaverage
14 general intellectual functioning, existing concurrently with
15 deficits in adaptive behavior and manifested during the development
16 period, that adversely affects a child's educational performance;
17 6. "Emotional disturbance" means a condition exhibiting one or
18 more of the following characteristics over a long period of time and
19 to a marked degree that adversely affects a child's educational
20 performance:
21 a. an inability to learn which cannot be explained by
22 intellectual, sensory or health factors,
23 b. an inability to build or maintain satisfactory
24 interpersonal relationships with peers and teachers,
Req. No. 6019 Page 2
1 c. inappropriate types of behavior or feelings under
2 normal circumstances,
3 d. a general pervasive mood of unhappiness or depression,
4 or
5 e. a tendency to develop physical symptoms or fears
6 associated with personal or school problems.
7 The term includes children who are schizophrenic. The term does not
8 include children who are socially maladjusted, unless it is
9 determined that they are seriously emotionally disturbed;
10 7. "Gifted" means identified students as outlined in Section
11 1210.301 of this title;
12 8. "Hearing impairment" means an impairment in hearing, whether
13 permanent or fluctuating, that adversely affects a child's
14 educational performance but that is not included under the
15 definition of "deafness";
16 9. "Multiple disabilities" means concomitant impairments, such
17 as intellectual disability – blindness or intellectual disability –
18 orthopedic impairment, the combination of which causes such severe
19 educational needs that they cannot be accommodated in special
20 education programs solely for one of the impairments. The term does
21 not include deaf-blindness;
22 10. "Orthopedic impairment" means a severe orthopedic
23 impairment that adversely affects a child's educational performance.
24 The term includes impairments caused by a congenital anomaly,
Req. No. 6019 Page 3
1 impairments caused by disease such as poliomyelitis and bone
2 tuberculosis, and impairments from other causes such as cerebral
3 palsy, amputations and fractures or burns that cause contractures;
4 11. "Other health impairment" means having limited strength,
5 vitality or alertness, including a heightened alertness to
6 environmental stimuli, that results in limited alertness with
7 respect to the educational environment that adversely affects a
8 child's educational performance and is due to chronic or acute
9 health problems such as asthma, attention deficit disorder or
10 attention deficit hyperactivity disorder, diabetes, epilepsy, a
11 heart condition, hemophilia, lead poisoning, leukemia, nephritis,
12 rheumatic fever, sickle cell anemia and Tourette syndrome;
13 12. "Speech or language impairment" means a communication
14 disorder, such as stuttering, impaired articulation, a language
15 impairment, or a voice impairment, that adversely affects a child's
16 educational performance;
17 13. "Deaf-blindness" means concomitant hearing and visual
18 impairments, the combination of which causes such severe
19 communication and other developmental and educational problems that
20 they cannot be accommodated in special education programs solely for
21 children with deafness or children with blindness;
22 14. "Autism" means a developmental disability significantly
23 affecting verbal and nonverbal communication and social interaction,
24 generally evident before age three (3), that adversely affects a
Req. No. 6019 Page 4
1 child's educational performance. Other characteristics often
2 associated with autism are engagement in repetitive activities and
3 stereotyped movements, resistance to environmental change or change
4 in daily routines, and unusual responses to sensory experiences.
5 Autism does not apply if a child's educational performance is
6 adversely affected primarily because the child has an emotional
7 disturbance, as defined in this subsection;
8 15. "Traumatic brain injury" means an acquired injury to the
9 brain caused by an external physical force, resulting in total or
10 partial functional disability or psychosocial impairment, or both,
11 that adversely affects a child's educational performance. Traumatic
12 brain injury applies to open or closed head injuries resulting in
13 impairments in one or more areas such as cognition; language;
14 memory; attention; reasoning; abstract thinking; judgment; problem-
15 solving; sensory, perceptual, and motor abilities; psychosocial
16 behavior; physical functions; information processing; and speech.
17 Traumatic brain injury does not apply to brain injuries that are
18 congenital or degenerative or to brain injuries induced by birth
19 trauma;
20 16. "Bilingual English language learner" means those students:
21 a. who have limited English speaking abilities or who
22 come from homes where English is not the dominant
23 language as reported on the current year application
24 for accreditation:
Req. No. 6019 Page 5
1 (1) were not born in the United States or whose
2 native language is a language other than English,
3 (2) are Native American or Alaska Natives, or a
4 native resident of the outlying areas, and who
5 come from an environment where a language other
6 than English has had a significant impact on the
7 student's level of English language proficiency,
8 or
9 (3) are migratory, whose native language is a
10 language other than English, and who come from an
11 environment where a language other than English
12 is dominant, and
13 b. whose difficulties in speaking, reading, writing, or
14 understanding the English language may be sufficient
15 to deny the student:
16 (1) the ability to meet the state's proficient level
17 of achievement on state assessments,
18 (2) the ability to successfully achieve in classrooms
19 where the language of instruction is English, or
20 (3) the opportunity to participate fully in society.
21 Any school district receiving funds for a student who is categorized
22 as an English language learner shall reevaluate the student annually
23 using assessments required by federal law to confirm the student
24
Req. No. 6019 Page 6
1 continues to meet the definition of English language learner as
2 provided in this paragraph;
3 17. "Special Education Summer Program" means those summer
4 school programs which school districts may provide for children who
5 are severely or profoundly multiple-handicapped if their
6 individualized education program states the need for a continuing
7 educational experience to prevent loss of educational achievement or
8 basic life skills. Any school district receiving funds for such
9 special education summer programs shall provide services as provided
10 in Section 13-101 of this title; and
11 18. "Optional Extended School Year Program" means the program
12 defined in Section 1-109.1 of this title.
13 B. The State Board of Education is hereby authorized to modify
14 and redefine by rule the definitions set out in this section
15 whenever such modification is required to receive federal assistance
16 therefor.
17 SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-201.1, is
18 amended to read as follows:
19 Section 18-201.1 A. Beginning with the 2020-21 school year,
20 and each school year thereafter, the weighted membership of a school
21 district for calculation of Foundation Aid purposes pursuant to
22 paragraph 1 of subsection D of Section 18-200.1 of this title shall
23 be the sum of the weighted pupil grade level calculation, the
24 weighted pupil category calculation, the weighted district
Req. No. 6019 Page 7
1 calculation and the weighted teacher experience and degree
2 calculation. The weighted membership of a school district for
3 calculation of Salary Incentive Aid purposes pursuant to paragraph 3
4 of subsection D of Section 18-200.1 of this title shall be the sum
5 of the weighted pupil grade level calculation, the weighted pupil
6 category calculation, the weighted district calculation and the
7 weighted teacher experience and degree calculation.
8 B. Beginning with the 2022-2023 school year, the weighted
9 calculations provided for in subsection A of this section shall be
10 based on the higher weighted average daily membership of the first
11 nine (9) weeks of the current school year or the preceding school
12 year of a school district, unless otherwise specified. The higher
13 of the two (2) weighted average daily memberships shall be used
14 consistently in all of the calculations; however, the weighted
15 calculation for a statewide virtual charter school experiencing a
16 significant decline in membership shall be based on the first nine
17 (9) weeks of the current school year for the statewide virtual
18 charter school. For purposes of this subsection, "significant
19 decline in membership" means equal to or greater than a fifteen
20 percent (15%) decrease in average daily membership from the
21 preceding school year to the average daily membership of the first
22 nine (9) weeks of the current school year. The average daily
23 membership data used for all calculations in paragraphs 1, 2, 3 and
24 4 of this subsection shall be the same as used in the calculation of
Req. No. 6019 Page 8
1 the State Aid Formula. The weighted calculations provided for in
2 subsection A of this section shall be determined as follows:
3 1. The weighted pupil grade level calculation shall be
4 determined by taking the highest average daily membership and
5 assigning weights to the pupils according to grade attended as
6 follows:
7 GRADE LEVEL WEIGHT
8 a. Half-day early childhood programs .7
9 b. Full-day early childhood programs 1.3
10 c. Half-day kindergarten 1.3
11 d. Full-day kindergarten 1.5
12 e. First and second grade 1.351
13 f. Third grade 1.051
14 g. Fourth through sixth grade 1.0
15 h. Seventh through twelfth grade 1.2
16 i. Out-of-home placement 1.50
17 Multiply the membership of each subparagraph of this paragraph by
18 the weight assigned to such subparagraph of this paragraph and add
19 the totals together to determine the weighted pupil grade level
20 calculation for a school district. Determination of the pupils
21 eligible for the early childhood program weight shall be pursuant to
22 the provisions of Section 1-114 of this title. The pupils eligible
23 for the out-of-home placement pupil weight shall be students who are
24 not residents of the school district in which they are receiving
Req. No. 6019 Page 9
1 education pursuant to the provisions of subsection D of Section 1-
2 113 of this title. Such weight may be claimed by the district
3 providing educational services to such student for the days that
4 student is enrolled in that district. If claimed, the out-of-home
5 placement weight shall be in lieu of the pupil grade level and any
6 pupil category weights for that student. Provided, if a student
7 resides in a juvenile detention center that is restricted to less
8 than twelve (12) beds, the out-of-home placement pupil weight for
9 such students shall be calculated as follows: for a center with six
10 (6) beds - 3.0; for a center with eight (8) beds - 2.3 and for a
11 center with ten (10) beds - 1.80.
12 2. The weighted pupil category calculation shall be determined
13 by assigning a weight to the pupil category as follows:
14 CATEGORY WEIGHT
15 a. Visual Impairment 3.8
16 b. Specific Learning Disability .4
17 c. Deafness or Hearing Impairment 2.9
18 d. Deaf-Blindness 3.8
19 e. Intellectual Disability 1.3
20 f. Emotional Disturbance 2.5
21 g. Gifted .34
22 h. Multiple Disabilities 2.4
23 i. Orthopedic Impairment 1.2
24 j. Speech or Language Impairment .05
Req. No. 6019 Page 10
1 k. Bilingual English Language Learner .25 .34
2 l. Special Education Summer Program 1.2
3 m. Economically Disadvantaged .25 .34
4 n. Optional Extended School Year
5 Program As determined by
6 the State Board
7 of Education
8 o. Autism 2.4
9 p. Traumatic Brain Injury 2.4
10 q. Other Health Impairment 1.2
11 Except as otherwise provided, multiply the number of pupils approved
12 in the school year with the highest average daily membership in each
13 category by the weight assigned to such category and add the totals
14 together to determine the weighted pupil category calculation for a
15 school district. For the 1997-98 school year and subsequent school
16 years, the number to be multiplied by the weight assigned to the
17 gifted category in subparagraph g of this paragraph shall be the
18 lesser of (1) the sum of the number of students who scored in the
19 top three percent (3%) on any national standardized test of
20 intellectual ability plus the number of students identified as
21 gifted pursuant to subparagraphs a through d of paragraph 1 of
22 Section 1210.301 of this title, or (2) the sum of the number of
23 students who scored in the top three percent (3%) on any national
24 standardized