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70-18-113.1.
§70-18-113.1.
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 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:
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 this subsection if the limitations are
exceeded beginning after the first nine (9) weeks of the 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 each pupil in excess of the class size
membership limit 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 each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. The provisions of this subsection shall apply only to grades
four through six.
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 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 of the 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 follows:
a. Multiply each pupil in excess of the class size
membership limit 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 each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
C. Classes in the following subjects 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.
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.
E. Any violations of the provisions of this section shall result
in denial of accreditation 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 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:
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
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
for the current school year 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, 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.
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 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 class size
limitations specified in this section.
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